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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.

Mangaluru, July 8: Dakshina Kannada on Wednesday recorded its highest single-day spike in Covid-19 cases with 183 cases reported in the district, while Udupi reported 31 new cases.

DK also recorded two more fatalities – both patients with co-morbid conditions — taking the total death toll in the district to 28. Udupi has recorded three Covid-19 deaths.

The fresh spike saw total positive cases in DK shoot up to 1,542 and active cases to 819. As many as 12 patients were discharged from hospital on Wednesday. The positivity rate in the district now stands at 0.07 %. Health authorities as on date have received 22,181 samples and 20,153 out of 21,695 samples tested have turned out negative.

MLA’s gunman tests positive

The gunman assigned to former minister U T Khader tested positive on Wednesday and three others who were with him in the escort vehicle have been quarantined, said city police commissioner Vikash Kumar Vikash. A section of police commissioner’s office was shut for sanitisation as per protocol after staff working there were treated as primary contacts. The office per se has not been sealed contrary to ‘reports’ doing rounds in social media, he said.

Deputy commissioner Sindhu B Rupesh said the district reported two deaths — one late on Tuesday and the other during the day. The victims are a 57-year-old man and 32-year-old youth. Two of the 183 cases were secondary contacts, 25 were cases of influenza like illness, four cases of SARI, one a case of inter district travel, two with interstate travel, five with international travel history, 22 random samples and five pre-surgery samples.

Udupi district recorded 31 new cases taking the total positive cases recorded as on date to 1,421. Discharge of 1,189 patients meant that Udupi has 229 active cases.

Meanwhile, Kota Shrinivas Poojari, minister for fisheries on Wednesday inaugurated the Covid-19 lab at district hospital in Udupi. Karkala MLA Sunil Kumar inaugurated ambulance monitoring system to ensure expeditious transfer of infected patients to designated treatment centres.

Riyadh, June 24: Thousands of expatriates who managed to return to their home countries from Saudi Arabia during covid-19 lockdown are now in a dilemma as the Kingdom has clarified that it will not allow their re-entry till the end of the corona crisis. 

The Directorate General of Passports (Jawazat) announced on Tuesday that the mechanism to resume extension of the exit and re-entry visas for expatriates who are outside the Kingdom will be announced only after the end of the pandemic crisis.

The Jawazat stated this on its Twitter account while responding to queries from a number of expatriates who are currently outside the Kingdom and whose exit and re-entry visas have expired.

They inquired about the possibility of returning to the Kingdom after the resumption of international flight service. 

The Jawazat reiterated that the return of expatriates who left Saudi Arabia will be only after the end of the pandemic and in accordance with the process to obtain a valid re-entry visa.

The directorate said that in the event of any new decisions or instructions in this regard, they will be announced through the official channels.

It is noteworthy that the Jawazat had previously confirmed that its electronic services are continuing through the Absher and Muqeem online portals of the Ministry of Interior and that the service for messages and requests is still available and continuing through Absher for all the beneficiaries of its services.