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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.

Belagavi, Mar 16: Despite issuing an order banning large gathering, including lavish weddings, Karnataka Chief Minister B.S. Yediyurappa attended the grand marriage celebrations of the daughter of BJP MLC Mahantesh Kavatagimath in Belagavi on Sunday.

The Chief Minister had advised people to postpone weddings till the COVID-19 scare passed off, or to restrict the number of guests to around 100. But the wedding on the lawns of Shagun gardens in the Udyambag industrial area in Belagavi had many more times the number of visitors.

A police officer on duty at the venue estimated the crowd to be over 3,000.

The large gathering was in clear defiance of the government order and the Chief Minister’s appeal. But Mr. Yediyurappa’s presence seems to have vindicated this act.

Hundreds of cars were parked on both sides of the Khanapur road, outside the venue which was decorated with flowers, buntings, rolls of paper and colourful cloth. Two huge banners about preventing the spread of COVID-19 have been put up at the venue. There are wash basins at two ends and several hand sanitiser counters across the ground.

Apart from Union Minister of State for Railways Suresh Angadi, and ministers Srimanth Patil and MLA Mahesh Kumthalli, there were several leaders from the BJP, the Congress and the JD(S) who attended the marriage. There were some officers from the city corporation and district administration among the guests.

The Chief Minister arrived around 11 a.m. and stayed for nearly an hour at the venue. He left after wishing the couple and greeting some leaders.

On his arrival, at the Sambra airport, Mr. Yediyurappa said the State was well-equipped to handle the spread of the infection. “Over one lakh have been tested. Among the 100 suspected cases, the virus was detected only in six persons. One person has died. But otherwise the situation is under control. Officers are working round the clock,’’ he said.

Bengaluru, Mar 13: District administration in Kalaburagi, where the first death in India due to COVID-19 was reported, has identified over 25 people, who come close to the deceased and quarantined for observation, Minister for Health B Sreeramulu said on Friday.

In reply to a debate on the issue during Zero Hour of the Legislative Assembly, the Health Minister said that two members of the victim’s family and 23 others are suspected of COVID-19.

Mr. Sreeramulu said all the schools of the district have been as a preventive measure to contain the deadly virus.