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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, April 3: Thirteen people in Karnataka, who had attended the Tablighi Jamaat event in Delhi, have tested positive for coronavirus, said state education minister S Suresh Kumar.

"13 attendees of Delhi's Tablighi Jamaat event have tested COVID-19 positive and 187 were tested negative," said Kumar, who has been entrusted to look into queries related to COVID-19.

He added, "A total number of four COVID-19 positive cases have been confirmed today -- a 75-year-old man in Bagalkote, a 70-year-old in Belagavi, a 26-year-old in Belagavi and a 20-year-old in Belagavi."

"The three people from Belagavi had attended the Tablighi Jamaat event in Delhi," he said, adding that the total number of cases in the state increased to 128.

The reports of 88 other people who had attended the Tablighi Jamaat event are yet to be received, the minister said.

The total number of COVID-19 positive cases in India on Friday rose to 2,547 including 162 cured/discharged and 62 deaths, according to the Ministry of Health and Family Welfare.

Bengaluru, Apr 16: The Karnataka government on Wednesday identified 14 departments as essential and asked all its employees to attend work during the extended period of lockdown to check coronavirus spread in the state.

According to a circular issued by Chief Secretary TM Vijay Bhaskar, all classes of officials/employees in these departments must attend to their work.

The departments are: Health and Family Welfare, Medical Education, Home, Revenue, Rural Development and Panchayat Raj, Urban Development, Food, Civil Supplies and Consumer Affairs, Information and Public Relations, Transport, Energy, Personnel and Administrative Reforms (e-Governance), Finance (including treasuries), Animal Husbandry and Fisheries and Forest, Ecology and Environment.

In all other departments, only Group-A officers have been directed to report for duty.

However, those visually-impaired or physically-

handicapped are exempt from work, the circular said, adding that this norms will be valid till April 19.