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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, Apr 13: Fifteen new positive cases of coronavirus have been confirmed in Karnataka, taking the total number of affected in the state to 247, the Health department said on Monday.

"Fifteen new positive cases have been reported from last evening to this noon.... Till date 247 COVID-19 positive cases have been confirmed. This includes 6 deaths and 59 discharges," the department said in a mid-day situation report.

Among the 15 new cases thirteen are contacts of patients already tested positive, while one from Dodabballapura in Bengaluru Rural is with a travel history to Delhi, the other from Bengaluru city has Severe Acute Respiratory Infection (SARI).

Among the 13 contact cases tested positive four are from Hubballi in Dharwad district, three each from Malavalli in Mandya district and Raibag in Belagavi, two each from Bidar, and one from Mudhol in Bagalkote district.

Three out of 15 new cases are children- a 8 year-old girl from Malavalli in Mandya, 16-year old girl from Bidar and 14-year old boy from Raibag in Belagavi.

From across the state most number of infections have been reported in Bengaluru with 77, followed by Mysuru (48) and Belagavi (17).

Those discharged include 27 patients from Bengaluru, nine from Mysuru, seven from Dakshina Kannada, six from Chikkaballapura, three from Davangere, two each from Uttara Kannada and Kalaburagi, and one each from Udupi, Dharwad and Kodagu.

Among the dead, two are from Kalaburagi and one each from Bengaluru, Bagalkote, Gadag and Tumakuru.

Mangaluru, May 6: A day after a wild bison dies lost its life hours after being tranquilized in Mangaluru, another wild bison appeared in the Ashok Nagar area of the coastal city today.

In fact, two bison were spotted in Mangaluru yesterday. The two were reportedly wandering together early in the morning. Later one was spotted in Mannagudda and the other in Hathill area.

While one of them was tranquillized by an official of a Pilikula Biological Park and captured, another bison had gone missing.

The captured animal, however, died later in the day due to cardiac arrest.

According to official, it is common for herbivores, which are sedated to ensure their safe capture, to suffer cardiac arrest.

Meanwhile, Forest department officials have launched an operation to capture the second bison. It is believed that it is the same bison which went missing yesterday.

Also Read: Wild bison intrudes into Mangaluru city amidst lockdown; captured