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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, Jul 19: A viral video claiming to show crowded condition of a hospital treating COVID-19 patients in the city was found to be false with police on Sunday arresting a person for allegedly circulating it on social media.

Police said such videos have the potential to create panic and asked people to refrain from spreading them.

The arrest was made within hours of the police announcing registration of a case in connection with the video that showed a crowd of people wearing masks at an "outpatient ward" of a hospital, falsely identified as Victoria Hospital, a major dedicated COVID facility here.

The video went viral on social media.

"City Crime Branch swiftly identified and arrested this person who has been circulating false videos of panic in Victoria Hospital, Bangalore. Kudos to all doctors and medical professionals who are doing their best. False news busted," Bengaluru Police Commissioner Bhaskar Rao tweeted.

Police said such videos have the potential to create panic in society and asked people to refrain from it.

"Covid False video about conditions of hospitals in Bangalore circulated on social media. Case registered in Cybercrime PS. While government, society at large fighting the pandemic, some are creating/forwarding messages/videos which has potential to create panic in society. Refrain from it," Joint Commissioner of Police, Crime, Sandeep Patil tweeted.

The video showed scores of people wearing masks gathered in a small space allegedly at an Out-Patient Department in a hospital, and a person filming it, claiming to be a doctor expressing concern that it was a threat to all medical staff, including the patients.

Official sources said the video was reportedly from a hospital in one of the northern states and not from Victoria Hospital.

Bengaluru, Mar 16: Hundreds of people gathered to felicitate the newly appointed Karnataka Pradesh Congress Committee president DK Shivakumar in Bengaluru on Monday.

"Everyone is a team, I'm not alone. We all are together and we will work together," Kumar had said after his appointment.

Shivakumar was appointed as the chief of Karnataka Congress last week on Wednesday.

Party leaders Eshwar Khandre, Satish Jarkiholi and Saleem Ahmed were appointed working presidents of the Karnataka Pradesh Congress Committee.