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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, May 25: Karnataka Chief Minister B S Yediyurappa on Monday greeted the Muslim brethren on the occasion of Eid-ul-Fitr, which is being celebrated in a subdued manner due to coronavirus related restrictions.

"Warm greetings of Eid-ul-Fitr. May this festival of peace and harmony bring happiness in life," Yediyurappa said in his message.

He congratulated the Muslim fraternity for cooperating with the authorities by offering prayers at home during the holy month of Ramadan and supporting the government to contain COVID-19.

"I hope the same trend will continue during the festivities of Eid-ul-Fitr too. I thank you all for your support in the fight against COVID-19," he said.

The Eid festivities were a low-key affair as Muslim brethren celebrated the festival indoors in view of lockdown to contain coronavirus on Monday.

People offered the special prayers inside their houses instead of performing it in mosques and Eidgah, the open field to perform prayers, and refrained from going out to greet each other.

As the Karnataka government has ordered Sunday Curfew throughout the lockdown-4 till May 31, the otherwise bustling markets in the urban areas of Karnataka remained shut.

People could not venture out to make necessary purchases on Sunday.

The Jama Masjid of Bengaluru at the City Market had asked the Muslims to offer prayers inside their houses and not go to the burial grounds to express their sentiments for the departed souls.

"Mass prayers are not allowed anywhere in Karnataka. Just five important persons managing the mosques offered the prayers. Similarly, people go to the graveyard to pray for the dead ones but this time we asked people to express their sentiments from inside their homes instead of going to the burial grounds," Maulana Maqsood Imran, the Khateeb-O-Imam, Jama Masjid, Bengaluru, told news agency.

He said, "coronavirus is spreading very rapidly in our country. If we don't follow the guidelines, it will not only cause trouble to us but also to the doctors and the government. It will be the biggest celebration if we abide by the norms."

Bhatkal, Mar 30: Uttara Kannada district administration has decided to shift all those Bhatkal residents who have returned from abroad after March 15 to quarantine facilities in Bhatkal town to avoid further family contacts, Deputy Commissioner of Uttara Kannada K Harish Kumar said on Monday.

“All primary contacts identified are already in government quarantine facilities,” he said in a communique.

All people must cooperate to maintain social distancing to avoid further spread of COVID-19, he added.