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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.

Uppinangady, Feb 9: Two members of a family were killed after the car collided with a tanker on the NH 75 at Bedrody near Uppinangady last night.

Police said on Sunday that the deceased have been identified as Jainy Saji (30) and her elder brother Jeeson (40).

Jainy and Jeeson were going to Uppinangady when a tanker, coming from the opposite direction, rammed into their car.
 

Bengaluru, May 3: The Commissioner of Health and Family Welfare Services in the government of Karnataka KA Dayanand issued an order approving quarantine of asymptomatic COVID-19 infected international passengers on payment basis at star hotels.

The international passengers in the state have been categorised into A, B and C groups depending on their symptoms and co-morbid conditions. Category A passengers are symptomatic and are being sent to isolation hospitals which may be COVID care centres.

Category B and C passengers are asymptomatic and are being sent to institutional facilities like hostels, guest houses, hotels, etc.

"On the basis of demands by category B and C passengers to provide them star hotel accommodation on a self-payment basis, they have been granted the choice of staying in those hotels at their own cost. The BBMP Special Commissioner/Deputy Commissioner can have a meeting with such hotels and finalise the negotiated rate," Commissioner Dayanand said in the order.

"The hotels for category B passengers should have round the clock presence of health personnel while hotels for category C passengers should be visited by health staff once a day," he added.