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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.

Mysuru, Jan 20: Fears over CAA and proposed NRC have affected the ongoing 7th economic census. Following complaints of violence against enumerators and registration of FIR with people declining to give information, the state government has asked deputy commissioners and superintendents of police to hold awareness programmes about it.

The planning, programme monitoring & statistics department has requested the home department to provide cooperation at the police station level while additional chief secretary P Ravi Kumar, in his letter to all DCs, has asked them to create awareness. According to sources, enumerators in T Narasipura town of Mysuru district faced resistance as some residents misunderstood the reason for this census.

A senior officer of the directorate of economics and statistics said that additional chief secretary (ACS- Planning, Programme Monitoring & Statistics Department) Shalini Rajneesh has written to the home department and superintendents of police of all districts seeking their help to create awareness about the economic census.

According to sources in the directorate, in many places, people are refusing to share information under the misconception that it is related to CAA/ NRC. “Many are mistaken about the economic census. As a precaution, police help has been sought,” an officer said.

Authorities in Mysuru said the 7th economic census began on December 20 and will conclude on March 30.

“In Mysuru city alone, we need to cover a population of 11 lakh. In T Narasipura, we faced problems due to misconceptions about Census and CAA. We reported the incident which happened in an area where minorities reside in large numbers,” he explained. Mysuru SP CB Rishyanth said his office has not received any direction in this matter.

Bengaluru, Jun 25: Secondary School Leaving Certificate (SSLC) examinations commenced in Karnataka on Thursday amid relaxation of COVID-19 lockdown restrictions.

Schools in the state ensured that social distancing norms were followed and other precautionary measures taken at the examination centres. All the students underwent thermal screening at the centres and were provided hand sanitisers and masks.

"Today, 464 students are writing the exam. In every classroom, 20 students will be writing their papers. We have also arrangements two separate classrooms for those from containment zones and those who are unwell," said Sister Sagaimir, Principal, St. Joseph's Convent Girls High School.

"We have been working for the last two weeks to put everything in place for the examination Ensuring they maintain social distancing, wear a mask and sanitise," she added.

In other schools, arrangements at the designated centres were inspected before the exams began.

Yesterday, Medical Education Minister Dr K Sudhakar held a video conference with senior officials to review the preparedness for safely conducting the SSLC examinations scheduled on June 25.

"8,48,203 students will appear for the SSLC examination starting tomorrow in 2,879 centres across the state. All the guidelines issues by state government must be followed strictly" Sudhakar said in the meeting.