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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.

Hubballi, Jan 11: Karnataka Industries Minister Jagadeesh Shatter's mother Basvennamma Shivappa Shetter passed away here on Friday evening.

She was 86. She is survived by three sons and a daughter.

The final rituals was held on Saturday, family sources said.

Bengaluru, Jun 28: Former Chief Minister and senior Congress leader Siddaramaiah asked the Karnataka government to release White Paper over the state of healthcare system and the government's preparedness to address COVID-19 pandemic.

He said that the State Government to come clean on the charges of misappropriation of large sums of funds in the name of fighting the COVID-19 pandemic in the state.

"People are extremely worried about the state of our healthcare system and the government's preparedness to address pandemic. It is the responsibility of Karnataka Chief Minister to clear the doubts and reduce the panic among people. I urge the government to #ReleaseWhitePaper about the same," the Congress leader tweeted.

Siddaramaiah said that the Chief Minister should let people know about the amount of money already spent to improve healthcare facilities, the number of beds and ventilators increased and about the supply of PPE kits to COVID-19 warriors.

"Karnataka Chief Minister should also reveal the contribution of PMO India to our state. Has Karnataka Chief Minister BS Yediyurappa demanded anything from Narendra Modi? How much of PM CARES Fund is spent for Karnataka's healthcare?" he asked in another tweet.

He went on to say that PMO India and Chief Minister of Karnataka "wasted crucial time during lockdown."

"The purpose of lockdown was to fill the gaps in health care system. But they just widened it by frequently changing the protocols and by not doing adequate tests," he said.

"Karnataka Chief Minister and other departments have failed to answer my multiple queries regarding the actions taken. As a leader of opposition, it is my right to question the government on behalf of people. Deliberate act of denying information is a breach of privilege. Government hospitals have reached its capacity and private hospitals are not ready to treat patients at capped prices," he wrote.

Siddaramaiah said that the Karnataka Chief Minister should either convince private players or take action against them, and added, "Not doing both is like pushing people off the cliff."

He tweeted, "The testing rates per day have come down in last 15 days even when the cases are rising. What is stopping the government from increasing the testing? The government is putting people at risk by not testing adequately."

Further attacking the state government, he wrote, "Our state needs 9000 ventilators, but we have only 1500, PMO India has sent 90 to us. Is this a joke to Karnataka Chief Minister and PMO India? #ReleaseWhitePaper about the ways that they plan to increase ventilators."