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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.

Kasaragod, Apr 29: Kasaragod's General Hospital on Tuesday discharged the last of its 89 COVID-19 patients, who were admitted since the outbreak of the disease last month.

The patient discharged on Tuesday is a native of Anankur in Kerala. He was under treatment for 27 days following his return from Dubai. He was given a warm send-off at 12 noon by the doctors and hospital staff.

Of the 175 positive cases in Kasaragod district, only 12 are under treatment in other hospitals in the district now. Of them, seven had come from the Gulf and the remaining five were those in contact with them.

During a press meet, Chief Minister Pinarayi Vijayan, while referring the Kasaragod General Hospital's success story, congratulated the doctors, nurses and medical staff for the achievement.

According to Health Department, in spite of treating the highest number of COVID-19 patients in the state with meagre infrastructural facilities and even without the support of a medical college in the district, there have been no deaths.

According to the district administration, Kasaragod has conducted 4,112 tests so far, out of which 3,104 tested negative and the results of 833 are awaited.

The team of doctors, nurses and other staff numbering 250 is led by Dr Rajaram K Kandiyil, Superintendent of the Kasaragod General Hospital.

Bengaluru, Feb 10: Two Iranian nationals have been arrested by the Karnataka police for allegedly stealing money from car showrooms by diverting cashiers’ attention in Mangaluru, Udupi and Bengaluru.

The arrested are Saeed Rostami, 26 and his friend Saber Hossein Eghbalzadeh, 35, are both residents of Tehran and in India on tourist visa. They were caught by the sleuths of Bengaluru’s RMC Yard police station.

The accused would approach the cashiers, asking for change for Rs 2000 notes to divert their attention and flee with cash from the showroom. 

The duo landed in New Delhi on January 16. Later, they arrived in coastal Karnataka before reaching Bengaluru on February 1. 

The same day around 4pm, the two visited Trident Automobile Pvt Ltd’s service centre in RMC Yard. They went to cashier Kiran and sought change for Rs 2000. One of them dropped the note and Kiran picked it up for him. Meanwhile, Kiran also noticed there was no change in his cash box and informed the duo accordingly. 

“Kiran later realised Rs 44,000 was missing from the cash box. He verified CCTV footage and found the two visitors stole the money when he bent down to pick up the Rs 2000 note,” a police officer said.

Kiran filed a theft and cheating case against the men. RMC Yard police suggested Kiran circulate the footage at other car showrooms and service centres as they had heard about similar incidents being reported from Udupi, Mangaluru and other places in Bengaluru.

“Sharing of CCTV footage helped us nab the suspects. They visited a showroom near Cauvery junction on Ballari Road on February 6. The staff noticed the duo and realised they were the same guys, who had stolen the money at RMC Yard and informed us,” said police.