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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, Mar 21: Appealing for support to the Prime Minister's call for observing 'Janata Curfew' on Sunday to contain the outbreak of COVID-19, Karnataka Chief Minister B S Yediyurappa has asked people not to come on roads immediately after the end of curfew time as it can nullify the measure.

Noting that people have extended both moral and societal support to this unique curfew, he said "Now, my appeal to people on behalf of Prime Minister Narendra Modiji is, don't come on roads and out of your dwellings immediately after nine in the night when curfew time ends. Remain settled in your houses and bungalows avoiding all public appearances on roads and other public places."

"Your coming out in open can nullify the 14-hour measure to contain the spread of virus. As a co-operation to authorities and the society, please remain indoors and stay with your near and dear ones," he said in a release.

Calling for "resolve and restraint" to fight the virus, the Prime Minister during his address to the nation on Thursday had asked the entire country to observe 'Janata curfew' on Sunday.

Calling for a 'Janata curfew' on March 22 from 7 am-9 pm, Modi had said no citizen, barring those in essential services, should get out of their house, and asserted that it will be a litmus test to show how much India is ready to take on the challenge of the coronavirus pandemic.

Stating the Karnataka government has so far been dealing successfully in containing the Covid-19 virus, Yediyurappa said this has happened because of people's co- operation.

He also asked people not to forget to involve in a bout of applause as a mark of appreciation to people involved in containing the spread of the virus and treating those affected by it.

Three new COVID-19 cases have been confirmed in Karnataka on Saturday, taking the total number of infections to 18 in the state.

Bengaluru, Mar 28: Karnataka has reported 10 new positive cases of COVID-19 between 5 pm yesterday and 8 am today, taking the tally to 74 in the state.

"Ten new COVID-19 cases have been reported between 5 pm yesterday and 8 am today, taking the total number to 74 in Karnataka, which includes three deaths and five cured/discharged persons," said the State Health Department on Saturday.

The total number of active COVID-19 cases in the country has climbed to 873, including 78 cured, discharged and migrated cases and 19 deaths, Ministry of Health and Family Welfare said on Saturday.