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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, May 2: The Centre’s classification of districts created confusion in Karnataka as the state’s own categorisation deviates significantly from the health ministry’s list.

For instance, the Centre put the number of districts in the red zone in state at three, while the state Covid-19 war room puts it at 14. Bengaluru Urban and Mysuru figure in the red zone in both lists. While Bengaluru Rural with zero active cases on May 1makes it to the Centre’s red-zone list, it is in the orange zone according to the state.

In addition to these two, the state classifies Belagavi, Kalaburagi, Vijayapura, Bagalkot, Mandya, Bidar, Dakshina Kannada, Chikkaballapura, Dharwad, Gadag, Tumakuru and Davanagere as red-zone districts.

State Covid war-room authorities said they would take a look at the Centre’s criteria for classification and take a call. Besides, incharge Munish Mudgil pointed out that states are allowed to make additions to the red and orange zones. According to the Centre’s list, Karnataka has 13 districts in the orange zone and 14 in the green zone.

Sudan said, “the districts were earlier designated as hotspots or red zones, orange zones and green zones primarily based on the cumulative cases reported and the doubling rate. Since recovery rates have gone up, the districts are now being designated across various zones duly broad-basing the criteria.

This classification takes into consideration incidence of cases, doubling rate, extent of testing and surveillance feedback. A district will be considered under the green zone if there are no confirmed cases so far or if there is no reported case in the past 21 days.”