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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, Jul 4: With the increasing number of COVID-19 cases in Bengaluru, the state government has decided to impose a total lockdown in Bruhat Bengaluru Mahanagara Palike (BBMP) limits.

The lockdown will start from 8 pm today till 5 am on Monday. The sale of essential items will only be allowed during the total lockdown.

"Complete lockdown to be imposed from 8 pm today till 5 am on Monday in Bruhat Bengaluru Mahanagara Palike (BBMP) limits, as per instructions by Karnataka Chief Minister BS Yediyurappa in view of COVID-19," BBMP Commissioner Anil Kumar said on Saturday.

"Sale of essential items will be allowed during the lockdown, including meat shops. Police action will be taken against people found roaming outside unnecessarily," he said.

With the number of cases increasing by 994 in the last 24 hours, the total of cases in the city now stands at 7,713. Of these, 6,297 are active cases.

So far, Karnataka has 19,710 cases with 293 deaths. While 8,805 people have recovered from the deadly virus.

At the national level, the total number of cases have now surged to 6, 48,315 out of which 3, 94,227 patients have recorded, while 18,655 have lost their lives.

Bengaluru, July 2: Congress leader and seven-time MLA D K Shivakumar today took charge as the president of the Karnataka Pradesh Congress committee in the presence of senior leaders of the party.

The formal was held at the KPCC office in Bengaluru. The ceremony is said to be a first of its kind in the country as 10 lakh people from the remotest corners of the state — 462 blocks and 6,000 gram panchayats and municipalities across 7,800 locations —witnessed it online.

Dinesh Gundu Rao , MLA, and immediate past president, handed over the party flag to Mr. Shivakumar. Senior leaders Siddaramaiah, Mallikarjun Kharge, and other MLAs and MLCs attended the programme.

AICC general secretary in-charge of Karnataka K C Venugopal spoke on the occasion and lashed out at the Modi government for poor handling of economic and health issues in the country.