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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 29: A cost-effective state of the art glove box testing booth for swab collection was inaugurated by Karnataka Medical Education Minister Dr K Sudhakar at Victoria hospital.

Inaugurating the specially designed booth for safer, easier and quicker testing, Medical Education Minister Dr Sudhakar said that the portable booths can be used at border check posts and hot spots.

"The testing method involves the collection of samples from inside a box of aluminium and glass. The suspected corona virus-infected individual, whose samples are being taken, has to walk up to the booth and stand in front of the glass exterior. The healthcare worker inside the kiosk collects the sample and then, follows the sanitisation process before proceeding to take the next sample. The collection process, fully contactless, gets over in five minutes," the Minister said.

Dr Sudhakar also said: "This booth significantly reduces manpower requirement and the need for PPE kits. The main advantages of this procedure are that it needs fewer healthcare workers and strictly adheres to the norms of social distancing. 

The booth is low-cost. Each model costs about Rs 15,000-20,000."
It is also portable and can be mounted on a vehicle and transported to any location.

It can be particularly useful for collecting samples in hot spots and border checkpoints, he added.