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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 1: As Mumbai link surfacing in some COVID-19 cases in Mandya district in Karnataka, JDS leader and former chief minister H D Kumaraswamy on Friday blamed the district administration for the situation, accusing it of not quarantining 7,000 labourers who 'returned' from the Maharashtra capital.

"The information we have is that there are about 16,000 labourers from Mandya were working in Mumbai of which 7,000 people reached the district. None of them was quarantined properly," Kumaraswamy told reporters in Bengaluru.

He claimed the district, a stronghold of JDS, was staring at a major spurt in cases due to the careless attitude of the district administration. "Government should initiate action against those who are responsible for the laxity," he said.

However, he did not specify when the 7,000 workers returned to Mandya. When asked about Kumaraswamy's claim, officials said they have to verify it. Of the eight cases reported from Mandya on Friday, three had a travel history to Mumbai, a major COVID-19 hotspot in the country, officials said.

A Health Department official said four of the fresh cases were contacts of a patient who tested positive on April 8 and admitted to a hospital. After weeks of coming in contact with him, the four were confirmed for COVID-19, an official said. The Three people with travel history to Mumbai had, in fact, brought the body of a man who died of a heart attack there on April 24, the official added.

Tumkur, Jan 10: A five-year-old boy has been killed by a leopard in Gubi taluk of Tumkuru district in Karnataka.

The local police said today that the incident took place on Thursday evening when the boy was returning home along with his grandmother.

The leopard first attacked a cow and then the boy who was behind it. The feline dragged the body into the forest.

After a search operation by the forest officials, the body was found and handed over to the parents after post-mortem.