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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.

Kasaragod, Jul 22: An accused in a POCSO case jumped into the sea at Kasaba Coast near here on Wednesday.

Sources said the accused Mahesh (28), resident of Soorlu Kanhangad, was brought to the groyne ('pulimuttu' in Malayalam) at the coast for collecting evidence.

He escaped from the police and ran around 200 meters towards the sea and jumped into it. The effort to rescue him also failed.

Police, Fire & Rescue officials and fishermen are searching for the body of the accused.

Mahesh was arrested on charge of capturing the video of a minor girl in a washroom on his mobile. 

During interrogation, he had told the copse that he had hidden the mobile, which was used to video record the act, near the groyne. Accordingly, the police had brought him to this place.

Bengaluru, Apr 21: Alarmed by reports that 53 media persons have contracted coronavirus in Maharashtra, a Minister on Tuesday urged Chief Minister B S Yediyurappa to screen all the journalists in Karnataka.

During the regular Covid-19 related briefing on Monday, a reporter had raised the issue of 53 journalists in the neighbouring state testing positive for the disease, with Minister for Primary and Secondary Education S Suresh Kumar.

In Maharashtra, out of the 171 scribes examined medically, 53 were found to have the viral infection.

In his letter to the CM, Kumar said a similar test should be carried on the journalists in Karnataka.

"The journalists wanted a similar kind of screening to be carried out on them. Therefore, please direct the health and the information department immediately to conduct the screening of journalists who are in contact with public," Kumar said.