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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.

Mangaluru, July 1: Even as the number of covid-19 positive cases is mounting with every passing day in the region, the Dakshina Kannada district recorded three new deaths due to coronavirus within 24 hours. 

According to sources, a septuagenarian from Bhatkal breathed his last on Wednesday afternoon. He was suffering from diabetes, high blood pressure and battling respiratory illness and pneumonia. His swab was collected and sent for test and the result came as positive.

Earlier in the day, two people had died in Mangaluru due to covid-19: A 31-year-old youth from Bhatkal and a 78-year-old man from Bengre in the city.

The coastal district has witnessed seven deaths from Sunday due to coronavirus.

The 31-year-old man, who was battling health issues due to high blood pressure, breathed his last at a private hospital. His swab was collected after his death. The report came as corona-positive.

The elderly man from Bengre was suffering from diabetes and pneumonia. He passed away at a private hospital.

With this, the total number of death of covid patients in the district reached to 17. Among them two people died due to non-covid reasons.

Bengaluru, Mar 19: Karnataka High Court on Wednesday rejected the plea by Congress leader Digvijay Singh seeking directions to the police to allow him to meet rebel Madhya Pradesh Congress MLAs who are lodged in Bengaluru.

Earlier in the day, Singh said at a press conference, "I have filed a plea in the Karnataka High Court, seeking permission to meet Madhya Pradesh Congress MLAs who are putting up at Bengaluru. I have decided to be on fast and shall take a call on that after the decision of the Supreme Court and the High Court," Singh said at a press conference here earlier.

Singh said, "The BJP is busy in toppling duly-elected governments. We had successfully thwarted their plans to destabilise the MP government but we were let down by Jyotiraditya Scindia who had a very successful career in Congress."

"We never expected that he would ditch us and join hands with the BJP," he added.

The Congress leader also said that the BJP government had become insecure since the Kamal Nath-led government started tightening the laws on mining.

"Chief Minister Kamal Nath drafted a new mining policy for the sand under which the mines were allotted through auction. All this was unpalatable to the BJP and from Day 1 they started offering money to our Congress legislators," he said.

"In BJP, the Atal Bihari Vajpayee's kind of leadership no longer exists. The leadership which controls the BJP now includes people who have joined hands to do all kinds of unscrupulous things which has led to a stage in India where the banks are collapsing, non-performing assets and unemployment are growing," he added.

Earlier today, he was put under preventive arrest after he sat on a dharna near Ramada Hotel here allegedly for not being allowed to meet the 21 rebel Congress MLAs lodged in the hotel.