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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 14: More than 80 Namma Metro workers have tested positive for COVID-19 in Bengaluru on Tuesday, said Yashwanth Chauhan BL, public relations officer of Namma Metro.

"All safety and treatment protocols would be followed at the camps," he added.

These workers were staying in a camp near Nagavara-Gottigere lane, reach-6 of phase two. More than 200 contract workers of Larsen and Toubro who had come from different states have been tested after a labourer complained of fever.

All coronavirus positive workers were shifted to a COVID care centre while others were kept in isolation as per the guidelines.

Jul 6: At least 8 lakh Indians may be forced to leave Kuwait as the country's legal and legislative committee has approved a draft expat quota Bill, reported.

The Bill, which states that Indians should not exceed 15 percent of the population, was determined as constitutional by the National Assembly, local media reported.

It will soon be transferred to the respective committee so that a comprehensive plan is created.

Expats account for 30 lakh of Kuwait's 43 lakh population. Indian community constitutes the largest expat community in Kuwait, totalling 14.5 lakh.

The move comes as the number of Covid-19 cases has spiked in the country, with 49,000 cases being reported so far.