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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, Apr 17: Forty-four new cases of coronavirus have been reported in the State till now, said Karnataka's Health Department on Friday.

"44 new COVID-19 cases reported in the State from 5 pm Thursday to 5 pm on Friday. The total number of positive cases in the State is 359 including 13 deaths and 88 discharges," said the Health Department.

Meanwhile, a meeting was convened to review the situation on the rising cases of coronavirus in the State. According to Karnataka Chief Minister's Office (CMO), the meeting was attended by Chief Minister BS Yediyurappa, Home Minister Basavaraja Bommai, Health Minister B Sriramulu, and Deputy Chief Minister Ashwath Narayan.

The CMO said: "Earlier we used to do 500 tests per day. Now we are doing 2,000 tests. The suggestion was made to take care of the people who are in the ICU to prevent death. It was suggested and planned to work out a protocol for the treatment of COVID-19 patients all over the state."

The meeting also stressed the need for plasma treatment. Experts opined that people having influenza-like symptoms like fever, cold, breathlessness, etc., need to get tested for COVID 19.

The CMO said: "Officers were directed to conduct tests of the people with influenza-like symptoms in the districts where nil cases have been reported. ICMR has issued circular to set up two labs in each district and one lab in each medical college. In this direction, efforts are being made to set up 10 more labs in the State by the end of April."

"It was also decided to be prepared for treating an increased number of patients after relaxing in lockdown. It was also decided to issue guidelines to companies that would start working after relaxing lockdown. It was also decided to appeal to people to download Arogya Setu App. We will meet on April 21 again to decide further course of action," added the CMO.

Bengaluru, May 24: With 130 new cases, Karnataka's COVID-19 tally crossed the 2,000-mark on Sunday. Most new cases reported have interstate travel history with 97 coming from Maharashtra. The number of active cases in the state is 1,391 and the deaths reported so far is 42, including 2 for non-COVID reasons.

"Ninety seven of the 130 new patients are returnees from Maharashtra, the worst affected state in the country with 47,190 cases till Saturday," said a state health official. 

"The total number of COVID-19 cases across the state is 2,089, with 130 more testing positive in the past 18 hours," said the official.

Forty six patients were discharged from hospitals on Sunday taking the number of cured persons to 634. Of the 46 discharged, 18 are in Davanagere, 20 in Uttara Kannada, 4 in Chitradurga, 3 in Bagalakote and one in Haveri.

Of the 30 Karnataka districts, Chikkaballapura recorded the highest cases on Sunday at 27, followed by Yadgir (24), Udupi (23), Mandya (15) and Hassan (14).

Chikkaballapura is the home district of Medical Education Minister K Sudhakar, a doctor by profession, who is spearheading the fight against the pandemic.

On Saturday, the state's tally shot up to 1,959 due to 196 new cases, the highest single-day rise, with 195 of them crossing over from Maharashtra through the inter-state border, which was opened up as part of partial relaxation of the lockdown.  

The Karnataka government has imposed institutional quarantine on persons traveling in from outside the state, particularly by flight from Maharashtra, Gujarat, Tamil Nadu, Delhi, Rajasthan, and Madhya Pradesh.