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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, May 22: Karnataka reported 138 fresh cases of coronavirus on Friday, taking the state tally to 1743.

26 patients have been discharged on Friday and in total, 597 people have been discharged in Karnataka while total number of active cases in the state is 1,100. 41 people have succumbed to the virus, informed the state health department.

Out of the 138 cases, 111 are returnees from Maharashtra.Out of the 138 cases, 47 are from Chikkaballapura alone, 10 cases from Raichur eight cases each from Bidar and Mandya, five cases each from Bengaluru Rural and Bengaluru Urban, and 14 are from Hassan.

From Bengaluru Rural, three patients are returnees from Maharashtra. A fifty-five year old female from Bengaluru Rural, has contracted the virus and has been diagnosed with a history of SARI. She is currently under observation at a designated city hospital.

Five patients have tested positive from Bengaluru Urban. A 42-year-old woman tested positive in Bengaluru Urban and has been diagnosed with a history of Influenza-like Illness (ILI). She is currently under observation at a designated city hospital.

Two men, who have tested positive from Dharwad are returnees from Delhi. Both of them are currently under observation at a designated hospital in Hubli. A seventy-five year old male who has contracted the coronavirus has returned from Jharkhand.

Newsroom, Jun 16: A 35-year-old Kannada lecturer died in a motorbike accident at Tumkuru in Karnataka.

The deceased is K N Swamy, who was a guest lecturer in Department of Kannada at Central University of Kerala located at Periya in Kasaragod district.

The accident occurred on Sunday afternoon when he was riding his motorbike.

Swamy was also a writer and poet in Kannada.