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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.

Bellary,  Jul 26: A 100-year-old woman resident of Huvina Hadagali town in Bellary district, Karnataka, recovered from COVID-19 after testing positive for the virus earlier this month.

"Doctors treated me well. Along with regular food, I was eating an apple a day. The doctors are giving me tablets and injection, and I am healthy now. COVID-19 is like a common cold," said Hallamma while speaking to news agency.

The woman's son, daughter-in-law, and grandson had also tested positive for the virus, and the family was treated at their home.

According to health department officials, her son works at a bank and had tested positive on July 3, after which Hallamma tested positive on July 16; the 100-year-old reported negative for the virus on July 22.

Meanwhile, the covid-19 death toll in the country rose to 32,063 with 705 fatalities being recorded in a day on Sunday. The number of tests for detection of covid-19 has crossed the 16-million mark in the country.

Bengaluru, Mar 26: Karnataka Pradesh Congress Committee (KPCC) Working President Eshwara Khandre on Thursday suggested to the State government to utilize the infrastructure available at the International Exhibition Centre on the outskirts of the City on Tumakuru Road near Nelamangala, about 15 km from here, for quarantine and treatment of people affected with the Novel Coronavirus (COVID-19) pandemic. 

In a statement here today, Mr Khandre said that the dreaded disease is spreading like wildfire and according to experts the figure may touch one Lakh in the State. 

Hence there is necessary to have adequate infrastructure found well in advance and utlise if necessity arises. The Center is built on a 57-acre land and there are sufficient space available and since it is on the outskirts of the city there is no threat of the virus spreading to the Bengaluru City.