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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, June 21: An assistant sub-inspector of police who was undergoing treatment for COVID-19 infection in city-based Victoria hospital passed away on the intervening night of Saturday and Sunday as he did not respond to the treatment for coronavirus.

The 59-year-old ASI was attached to the Wilson Garden traffic police station in Bengaluru. He tested positive for coronavirus on June 18 and was rushed to the COVID ward in Victoria hospital on June 19. He had fever for the last four days. His wife and two children have been quarantined. According to the police, the station has not yet been sealed down and no policemen have been quarantined.

The Wilson Garden ASI is the third Bengaluru police personnel to die of COVID-19 in the last one week. Earlier, an ASI from the VV Puram traffic police station had died undergoing treatment. On Saturday morning, a head constable from the Kalasipalya police station who was admitted at Victoria hospital passed away. The series of deaths in the police department has created fear among other policemen across the city.

One the other hand, dozens of policemen were tested positive in different parts of Karnataka today including 21 from two police stations of Bengaluru. 

Around 15 policemen from the Kalasipalya police station and five policemen from the Ashok Nagar traffic police station tested positive for coronavirus on Sunday.

In Kalasipalya, three ASIs, head constables and police constables have tested positive. In Ashok Nagar traffic police station, a probationary sub-inspector, an ASI, two police constables and a lady constable tested positive for the virus.

One more police constable working in Bandepalya police station also tested positive. Seven policemen who were in his primary contacts have been quarantined. BBMP officials have begun the process of fumigating the station premises and its surroundings.