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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.

Hyderabad, Mar 14: Telangana Public Health Director Dr Srinivas on Friday said that 34 people, who came in contact with the 76-year-old Karnataka man who died of coronavirus, have been identified in the state.

"So far, 34 people who came in contact with him have been traced and are kept under strict home isolation by the Telangana health authorities. As of now, all the contacts are stable and under active surveillance by the health teams of the Telangana government," Srinivas said.

He added that the rapid response team of the state is further searching for the persons who might have come in contact with the person who died of COVID-19.

"Telangana health authorities were alerted by the Karnataka government after the 76-year-old man's samples tested positive for coronavirus after his death. The man has visited two hospitals in Hyderabad before he died in Karnataka," Srinivas further said.

The Karnataka man, who had died a few days ago, was confirmed to have tested positive for COVID-19.

Meanwhile, Telangana Health Minister's office said that the lone coronavirus patient from the state has recovered and is going to be discharged from the hospital soon.

The development comes after 82 confirmed cases of coronavirus and two deaths related to the lethal infection have been reported in the country.

Mangaluru, Jul 5: A veteran politician and former union minister has repeatedly tested positive for COVID-19 in the Dakshina Kannada.

The former minister, who resides in Bantwal taluk, is said to be asymptomatic.

His wife and children have also tested positive for the coronavirus.

Meanwhile, one of the kin of the former minister said that he is undergoing treatment at a private hospital in Mangaluru. "He is asymptomatic and doing well," he said.