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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, Mar 7: Karnataka on Friday announced that there are no positive cases of the novel coronavirus, COVID-19 in the state till date.

"To date, 717 persons have been identified for observation, of them, 236 persons have completed 28 days of observation and 469 persons are continuing under home quarantine. 8 persons are admitted to selected isolation hospitals, " the state government said in a release today.

"Around 343 samples of symptomatic persons are sent for testing and 296 samples are reported as negative. No positive cases of Coronavirus in the state to date," it said.

Karnataka Chief Minister BS Yediyurappa earlier in the week assured people in state about the preparedness to tackle coronavirus.

He said, "We have issued instructions to all hospitals. We have made all the arrangements. People in Karnataka should not worry."

Union Health Minister Harsh Vardhan earlier today held a review meeting with states over preparedness for coronavirus. State governments have been asked to keep the testing and quarantine facilities, isolation wards and labs in active readiness.

The country's total number of positive cases of coronavirus touched 31 today. COVID-19 has so far killed more than 3200 people globally.

Thiruvananthapuram, Dec 4: Depressed over the communal and racist policies of union government, a 67-year-old retired school headmaster committed suicide allegedly after losing matriculation certificates and documents related to his father.

The victim was identified as Mohammed Ali a resident of Narikunni in Kozhikode district in north Kerala.

On finding Ali missing from home on Friday morning, his family members conducted a search in the nearby areas. His body was later found in a well located in one of his relative’s compound nearby.

A suicide note recovered, suspected to have been written by the victim read, “I have lost all my important certificates. Matriculation certificates of me and my wife. Old documents of my father are also missing. I think all these documents were given away along with the waste recently. None should be held responsible for my foolish act. You may get into trouble.”

According to relatives, Ali was under severe stress after regularly watching programmes related to CAA. He was also actively involved in anti CAA campaign.

“He was worried about the documents and had serious apprehensions about future,” said his younger brother Abdul Nasser.

“After attending an anti CAA meeting in Kozhikode he had shared his apprehensions. He used to frequently discuss the topic with others ,” recollected Jaffer a local resident.

Ali also had health complications. Meanwhile, the local police said that preliminary investigations suggested that the man could have taken the extreme step after losing documents. However, the reason behind the suicide could be said conclusively after detailed probe.