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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, Apr 19: With six new cases of COVID-19 in the last 24 hours, Karnataka's total count of coronavirus patients has surged to 390, said the State's Health Department on Sunday.

"Six new cases have been confirmed for COVID-19 in the State from 5 pm yesterday till 5 pm today. Cumulatively, 390 COVID-19 positive cases have been confirmed in the state," said the Health Department in a statement.

The total coronavirus cases in the State include 16 deaths and 111 discharges.

Deputy Chief Minister CN Ashwath Narayan said that "only essential and critical number of" employees of the Information Technology (IT) companies will be allowed to work from offices from April 20 onwards in Bengaluru, while others will have to continue working from home.

According to the latest update by the Ministry of Health and Family Welfare, the total number of positive cases in India has mounted to 16,116 and 519 deaths have been reported till now.

Bengaluru, Apr 4: Chief Minister BS Yediyurappa on Friday asked Primary and Secondary Education Minister S Suresh Kumar to be the government's spokesperson on the Novel Coronavirus crisis management effort, a move that is being seen as keeping too many cooks from spoiling the broth.

At a high-level meeting to review measures on COVID-19 containment, Mr Yediyurappa is said to have taken exception to his Cabinet colleagues making multiple, and often contradictory statements, leading to confusion.

''The CM has directed Mr Kumar to be the only one to brief the media on COVID-19,'' a source from the Chief Minister's Office (CMO) confirmed.