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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, Mar 12: Karnataka on Thursday confirmed another positive case of the deadly coronavirus, taking the total number of infected persons to five in the state.

According to a source from the State Health Department, the infected person, a 26-year-old patient had recently returned from Greece. He is currently under observation in an isolation ward in a city hospital.

Udupi, Jun 16: A young software engineer died on board a bus bound for Udupi’s Kundapura from Bengaluru due to suspected cardiac arrest this morning.

The deceased has been identified as Chaitanya (25), son of Vishnu Murthy, a resident of Kumbri in Koteshwar in Kundapura taluk. He was working for a software firm Bengaluru.

Chaitanya had boarded a ‘Durgamba’ bus from Bengaluru at 9 pm on June 15. At around 6.30 am on June 16, he called his father and informed that the bus had reached Barkur.

When his father called Chaitanya again at around 7.30 am, the bus driver answered the call and told him that his son had fallen ill and been taken to Vinaya hospital in Kundapur.

Vishnu Murthy rushed to the hospital, but was informed by the doctors that Chaitanya was declared brought dead.

A case has been registered at Kundapura police station. Even though it is suspected that he died of cardiac arrest, the exact cause will be known only after the post-mortem.