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Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

Bengaluru, Jun 7: A mobile app and a portal offering technology-driven solutions to manage and mitigate floods in urban areas were launched here on Saturday by Karnataka Revenue Minister R Ashoka.

The mobile app 'Bengaluru Megha Sandesha' was developed to disseminate information on rainfall and flood forecast, location-specific dynamic weather directly to the public. "The in-built features of the app and the information provided for a city is the first of its kind in the country," a press release said. This is a system of providing rainfall, flood forecasts and early warning to the officials of government agencies in the city through SMS to their mobile phones, social media platforms and a dedicated web portal, the release said.

The information provided would help the civic authorities act in advance and manage the floods, it said. The portal 'Varunamitra' is for information on the weather. The information provided is based on real-time data from 100 telemetric rain gauges installed and maintained at various locations across the state, it said. Rainfall forecast is based on the weather research and forecast models developed by the Indian Space Research Organisation (ISRO), Ahmedabad, the release said.

The information on flood forecast is based on the hydrological model, hydraulic routing and automation of the results. The Karnataka State Natural Disaster Monitoring Centre, along with the Indian Institute of Science (IISc), took up this project on the urban flood model for Bengaluru city. The project was funded by the Central government's department of science and technology, the release added.