CCTV camera installed to monitor cleanliness helps catch chain snatcher

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, Jun 25: Karnataka Chief Minister BS Yediyurappa on Thursday asked people to cooperate by following the measures put in place for the control of COVID-19 if they don't want another lockdown or sealing in Bengaluru.

Amid talks about re-imposing lockdown in the city following the recent spike in cases, the Chief Minister said he will hold discussions on Thursday and Friday regarding the strict measures that need to be taken to control the virus.

"COVID pandemic is increasing, we are making all efforts and we have even sealed some areas. Today afternoon at Krishna (the CM's home office) I have called a meeting with Ministers and officials and will discuss the strict measures to be taken to control COVID," Mr Yediyurappa said.

Speaking to reporters, he said, "Tomorrow noon I have called a meeting of legislators of all political parties from Bengaluru and all Ministers from the city to discuss with them, seek their opinion and take stringent measures."

Citing an increase in cases, Health Minister B Sriramulu on Tuesday had said the government may have to think about imposing lockdown in the city if the situation continues.

Following this several Ministers in the state cabinet on Wednesday had said, any decision on re-imposing lockdown in the city will be taken only after consulting experts.

Some reports had even suggested that a decision on lockdown is likely at the cabinet meeting scheduled today.

The Chief Minister said there is no lockdown in the entire city, adding only in a few areas it has been imposed and would continue.

Concerned over the increase in COVID-19 cases in the city, Mr Yediyurappa on Monday had directed officials to implement lockdown measures strictly in certain clusters which have reported greater number of coronavirus infections.

The city's busy K R Market and Kalasipalya Market have been sealed for 15 days by the civic body Bruhat Bengaluru Mahanagara Palike (BBMP) as part of measures to check the spread of the deadly virus.

Stating that Bengaluru is a model for the whole country in COVID-19 management, Mr Yediyurappa on Thursday said, when you compare with other major cities, "we have not yet lost control."

A total of 1,678 cases of COVID-19 have been reported in the city till last evening.

This includes 78 deaths and 475 discharges.

The number of COVID-19 cases in the state which stood at 3,408 as of June 1 has crossed the 10,000 mark on Wednesday with the state capital topping the districts in the infection count.

Seeking public cooperation in controlling the spread of the virus, Yediyurappa said social distancing and other measures in place were not followed, there has been spread to slums and other places.

"If you don't want Bengaluru to be sealed once again please cooperate and maintain distance," he added.

Mr Yediyurappa also said, the government has taken all measures for the safe conduct of SSLC (class 10) exams from today, and students should come out and write exams for their bright future.