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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, Feb 14: In a unique initiative, students of a government school in Dakshina Kannada have made a food stop in the campus to provide water and food to birds and squirrels.

The students have hung coconut shells on trees in the school premises with food and water in it for birds and squirrels.

Speaking about the same, the Principal of the school said: "Students are taking a lot of interest in the activity. Various types of birds visit the school campus, making the ambience very nice."

He added that he wants children to become socially and environmentally conscious. "The one area where children need to be given exposure is the protection of the environment, the upkeep of the campus and the greenery in and around their homes as well as in their schools."

Commenting on the recent initiative of the school's eco-club, he said, "Using this small idea, we can have a great beginning towards taking up bigger initiatives to take care of the environment."

Mangaluru, Apr 30: Yet another case of covid-19 reported in the coastal city of Mangaluru today.  

The Dakshina Kannada district administration confirmed that a 58-year-old woman hailing from Boluru area in the city was tested positive for the coronavirus.

The woman was undergoing treatment in First Neuro Hospital at Padil where a woman from Bantwal (identified as P-501), who died of coronavirus had undegone treatment before being shifted to Wenclock. 

With this, total number of positive cases in Dakshina Kannada district has gone up to 22.