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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.

Mangaluru: As many as 178 passengers arrived in the coastal city from Dubai as the second flight under the Vande Bharat Mission landed at the Mangaluru International Airport (MIA) at 7.55am on Monday.

Among 178 passengers, there were 99 male, 67 female, 11 children and one infant.

Dakshina Kannada deputy commissioner Sindhu B Rupesh said that all the necessary arrangements had been made to ensure that the passengers were not inconvenienced in any way. 

“All of them have been provided with health kits, sufficient food, sim cards, etc. We have also set up facilities at the airport where they can exchange foreign currency. The emigration process was conducted only after each passenger was subjected to screening by health department personnel at the airport. We will have their throat swabs tested for Covid-19 on Tuesday,” Sindhu said.

Personnel attired in personal protective equipment gear shifted the passengers’ luggage, while buses had been arranged for transporting them to quarantine facilities, Sindhu added.

Probationary IAS officer Rahul Shinde, additional deputy commissioner MJ Roopa, district health officer Dr Ramachandra Bairy and MIA director VV Rao were among those who received the returning Indians along with the DC at the airport.

Public, including friends and relatives of the passengers, were barred entry to the airport.

Rooms in as many as 10 hotels have been reserved to quarantine passengers flying in to Mangaluru from the Gulf. The rooms are priced between Rs 1,000 and Rs 5,400. Meanwhile, those unable to afford rent will be accommodated at government hostels.

Mangaluru, May 18: The second repatriation flight to the coastal Karnataka from Dubai landed at Mangaluru International Airport at 7.45 pm. today.Mangaluru: As many as 178 passengers arrived in the coastal city from Dubai as the second flight under the Vande Bharat Mission landed at the Mangaluru International Airport (MIA) at 7.55am on Monday.

Dakshina Kannada deputy commissioner Sindhu B Rupesh said that all the necessary arrangements had been made to ensure that the passengers were not inconvenienced in any way.

“All of them have been provided with health kits, sufficient food, sim cards, etc. We have also set up facilities at the airport where they can exchange foreign currency. The emigration process was conducted only after each passenger was subjected to screening by health department personnel at the airport. We will have their throat swabs tested for Covid-19 on Tuesday,” Sindhu said.

Personnel attired in personal protective equipment gear shifted the passengers’ luggage, while buses had been arranged for transporting them to quarantine facilities, Sindhu added.

Probationary IAS officer Rahul Shinde, additional deputy commissioner MJ Roopa, district health officer Dr Ramachandra Bairy and MIA director VV Rao were among those who received the returning Indians along with the DC at the airport.

Public, including friends and relatives of the passengers, were barred entry to the airport.

Rooms in as many as 10 hotels have been reserved to quarantine passengers flying in to Mangaluru from the Gulf. The rooms are priced between Rs 1,000 and Rs 5,400. Meanwhile, those unable to afford rent will be accommodated at government hostels.