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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.

Bengaluru, Jun 21: As many as 453 new coronavirus cases were confirmed on Sunday including 196 in Bengaluru alone, taking the total number of infections in Karnataka to 9,150, the Health Department said.

Five more deaths took the toll due to COVID-19 in the state to 137, a bulletin issued by the department said.

An assistant sub-inspector posted in a traffic police station died due to coronavirus on Saturday night taking the number of policemen succumbing to the contagion to three, police said.

The entire police station has been sealed for sanitisation and 25 people including five primary contacts of the deceased have been quarantined at the designated hospitals.

The total number of COVID-19 cases include 5,618 discharges, 3,391 active cases, 137 deaths, four deaths due to non-COVID causes and 77 patients admitted in Intensive Care Units.

The 196 cases confirmed in Bengaluru today is the highest single-day spike ever since the outbreak of the pandemic.

With 64 deaths so far, the city's share in the total fatalities in the state due to COVID is 47 per cent.

The five deaths reported on Sunday included three in Bengaluru.

"Yes. It is a major single day spike in Bengaluru," a health department official told P T I.

Of the total cases reported in Bengaluru, 101 are Influenza-Like Illness (ILI) and 68 are those whose contact tracing is underway.

Apart from 196 in Bengaluru, 40 cases were reported in Ballari, 39 cases each in Kalaburagi and Vijayapura, 18 each in Mysuru and Gadag, 15 in Dharwad, 14 in Bagalkote, 13 in Bidar, eight each in Davangere, Uttara Kannada and Kolar.

The five deaths reported on Sunday consisted of four men and a woman.

In view of the rising cases in Bengaluru, the Chief Secretary on Saturday formed three teams.

According to an order, Principal Secretary in Cooperative department Tushar Girinath will head the team that will ensure shifting the patients from their houses or the institutional quarantine facilities to the designated hospital.

The second team headed by the Karnataka Public Service Commission secretary G Sathyavathi will monitor the containment zone and carry out extensive surveys of people with COVID-19.

The third team is headed by Karnataka State Mineral Development Corporation managing director Naveen Raj Singh and Additional Commissioner of police Hemant Nimbalkar who will ensure social distancing at public places.

These three teams will have senior bureaucrats and top police officers as members.

Bengaluru, Jun 12: The Central government has identified Karnataka's Udupi and Yadgir among the "emerging districts of concern" for COVID-19 in the country. Confirming the development, a top official of the state health department said, "they (centre) had reviewed these two districts a few days back...there was a sudden spurt of cases due to Maharashtra returnees turning positive." Sources said union cabinet secretary Rajiv Gauba, during a recent video conference with state chief secretaries and health secretaries, had shared his thoughts on the issue.

According to the information shared, districts with more than 400 cases, half of which was reported post-May 18 lockdown relaxation, have been identified as "emerging districts of concern." They are concentrated in the seven states/union territories of Maharashtra, Rajasthan, Tamil Nadu, West Bengal, Karnataka, Jammu and Kashmir and Haryana. "Udupi and Yadgir from Karnataka, along with Gurugram in Haryana and Kolhapur in Maharashtra have 90 per cent of the cases recorded after May 18," they said.

As on June 11 evening, Udupi had a total of 969 positive cases, out of which 619 are active, while 735 positive cases have been reported in Yadgir, out of which 626 are active. The two districts had reported a total of only 11 cases each as on May 18. While Udupi till last evening had seen 349 discharges, it was 108 in Yadgir.

Both districts have reported one COVID related fatality so far. As of June 11 evening, cumulatively 6,245 COVID-19 positive cases were confirmed in the state, which included 72 deaths and 2,976 discharges.