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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.

Mysuru, Mar 15: The renowned Mysore Palace will remain closed for tourists for a week from March 15 to 22, in the wake of the coronavirus outbreak, Mysore Palace committee said on Saturday.

The Karnataka government has ordered shutting down for a week all places and activities where people gather in large number including swimming pools, shopping malls, schools, colleges and cinema halls, state Health Minister B Sriramulu said amid the coronavirus threat.

This comes after Chief Minister BS Yediyurappa chaired an emergency meeting with ministers and senior officials on Friday to discuss the situation.

Earlier, schools in the state had announced early summer vacation for their students this academic year as a precautionary measure. Other public places have been shut down in the state amid the coronavirus scare.

The central government had on Thursday said that the death of the 76-year-old man from Kalaburagi in Karnataka was confirmed to be caused due to co-morbidity while he was also tested positive for COVID-19. The man visited Saudi Arabia on January 29 and returned to India a month later on February 29.

Till date, India has reported two deaths and 84 confirmed cases of the deadly coronavirus.

The World Health Organisation (WHO) has declared the coronavirus outbreak a pandemic. The virus, which originated in the Chinese city of Wuhan last year has spread to more than 100 countries worldwide, infecting over 1,30,000 people.

Mangaluru, Jul 21: Private hospitals cannot send back COVID-19 patients for any reason, district in-charge minister Kota Srinivas Poojary said on Monday.

The Minister was addressing a meeting at the Father Muller Medical College here on the arrangements made for COVID-19 patients.

Dakshina Kannada district is quite advanced in the medical field. Hence, the government will not tolerate COVID-19 patients wandering from one hospital to another for treatment. Refusing to admit COVID-19 patients in hospitals is unacceptable, he warned.