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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.

Udupi, Apr 20: Patients from outside the district visiting Udupi for emergency treatment should be in possession of a certificate, issued by the district health officer or taluk health officer, that they do not have any symptoms of Covid-19.

The decision was taken during an expert committee meeting chaired by Udupi Deputy Commissioner Jagadeesha on Sunday.

The Deputy Commissioner said he will send a letter to all Deputy Commissioners in this regard. The patients from other districts will be treated in various hospitals in Udupi, only in case of emergency.

Jan 28: Hindu temple processions with an elephant adorned in ornaments carrying the idol, with percussionists and devotees walking side by side, are no new sight in Kerala. However, a similar procession in Kerala's cultural capital, Thrissur, turned heads. Hundreds of Muslims were seen holding hands and clearing traffic to help the procession move smoothly.

Muslims made way for the passage of a Hindu temple procession during their protest against Citizenship Amendment Act(ACT) in Thrissur on Saturday, January 25.

Various Muslim organisations had organised a mass protest in the Swaraj ground in the town. On the same day, the local Bhaktapriyam temple's procession was also taking place. Stuck in a dilemma, the temple authorities approached the police and the Muslim organisations to find a solution. The Muslim organisations then promised to help proceed the temple procession without any obstacles.

Nearly a thousand people who had turned up for the protest volunteered to clear traffic and control the crowd so that the temple procession could smoothly pass through the town.

A video of the procession was shared on Facebook by the Thrissur City Police on Saturday, which showed Muslims holding hands on either side of the procession to make way.

"Humanity is bigger than religion. That's the lesson the residents of Thrissur are giving to the country. Thrissur is truly the cultural capital of Kerala," read the caption of the post in Malayalam. The video soon went viral and was viewed by over 36k views.