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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, Feb 27: Karnataka Chief Minister and veteran BJP leader B S Yediyurappa turned 78 on Thursday with Prime Minister Narendra Modi and a host of leaders greeting him.

Modi hailed Yediyurappa as a "hardworking" chief minister and wished him long life and good health, while several state leaders flocked to his residence and greeted the Lingayat strongman.

"Birthday greetings to Karnataka's hardworking CM @BSYBJP Ji. He is passionately working for the state's progress, especially on farmer welfare and rural development. I pray for his long life and good health," the Prime Minister tweeted.

A large-scale "non-partisan" birthday bash will be held here later in the evening.

The felicitation function will see Defence Minister Rajnath Singh and former chief minister S M Krishna besides Siddaramaiah of Congress and H D Kumaraswamy of JD(S) sharing the stage.

Union Ministers D V Sadananda Gowda, also a former chief minister, Pralhad Joshi and Suresh Angadi will be in attendance.

BJP National General Secretary (Organisation) B L Santosh and state party chief Nalin Kumar Kateel are among those who will be gracing the event.

While Santosh will release a felicitation volume in Kannada with 78 articles from a cross-section of people, including politicians, writers, bureaucrats, and spiritual leaders; Siddaramaiah and Kumaraswamy will unveil a coffee table book and documentary respectively.

Yediyurappa, on the eve of his birthday on Wednesday, had said whatever he has achieved is a result of the people's "blessings and faith" and requested well-wishers not to bring bouquets, flowers, shawls, sweets, turbans or any souvenirs to greet him.

The birthday function organised by "Yediyurappa Abhinandana Samiti" (Yediyurappa Felicitation Committee) is being seen in some quarters as an attempt by Yediyurappa and his loyalists to send a message to the party leadership that he was still "strong".

The BJP's current dispensation under Narendra Modi and Amit Shah has retired several senior party leaders who crossed the age of 75.

However, an exception was said to have been made in Yediyurappa's case after the BJP won 25 of 28 seats in the Lok Sabha election under his leadership.

In the 2018 elections, he spearheaded the campaign of the BJP which emerged as the single largest party but fell short of the majority mark following which Congress and JD(S) came to power stitching a post-poll pact.

However, the coalition collapsed in July last year, paving the way for return of Yediyurappa as Chief Minister for the fourth time.

Bengaluru, Jun 5: A COVID-19 patient, who was admitted to Victoria hospital, has recovered from the disease after he was administered convalescent plasma therapy.

He is the second patient in the state who has recovered from COVID-19 after the therapy.

"I am happy to inform the second plasma therapy patient has recovered and shifted out of ICU. This middle-aged patient was admitted in Victoria hospital ICU with severe COVID-19 illness and was also diabetic with poor sugar control," Dr Vishal Rao, HCG Hospital Bengaluru said.

"The patient received convalescent plasma on May 27, since then there was steady improvement in patient's condition and was taken off high flow nasal oxygen on June 2, 2020, and is at present on a minimal oxygen, shifted toward yesterday. With the rapid recovery we hope to discharge the patient soon," he said.

Speaking further, Rao said: "This is a significant improvement and reassuring. We hope to see him recover completely and will closely monitor the condition going forward to send the patient from ward to home."

In Karnataka, 4,320 coronavirus cases have been reported including 1,610 cured/discharged/migrated and 57 deaths, according to the Ministry of Health and Family Welfare.