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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 13: Eminent scientist and NITI Aayog member V K Saraswat said on Monday the number of COVID- 19 cases is not going to go beyond what's being reported daily in India as he maintained that the country is in the process of flattening the curve.

The former Scientific Adviser to Defence Minister said the coronavirus positive cases have seen a sharper rise in the last four-five days because of increase in the number of testing.

"It's a good sign; all those asymptomatic cases lying hidden they are also coming out," Saraswat told PTI. "We certainly had a catalytic factor which was basically this (Nizamuddin) Markaz problem which has actually created clusters at different places and that has also been one of the factors for the kind of rise that has taken place."

But he said India is in a much better shape compared to other nations in the battle against COVID-19. "I can only say that the rate is not going to go beyond what has been going on now, may be 700 to 800 cases per day. So, we are in the process of flattening the curve."

The government's decision to declare nation-wide lockdown has paid dividends, Saraswat, a former chief of the Defence Research and Development Organisation, said.

Noting that India has seen a series of virus attacks in the last 15-20 years including Chikungunya and Dengue, he said the emphasis now should be on more and more R & D to find vaccines in advance.

Alappuzha, Dec 19: A Hindu couple, Anju and Sharath tied the knot at Cheruvally Muslim Jamaath Committee situated in Alappuzha district of South Kerala on Sunday.

The marriage took place as per Hindu rituals.

DH had earlier reported that the Jamaath Committee will conduct the marriage ceremony considering the request of the bride's mother, who hailed from a financially weak background.

Kerala Chief Minister Mr Pinarayi Vijayan shared the picture of the marriage on his social media post citing it as yet another instance of communal harmony in Kerala.