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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 29: Karnataka reported 248 new cases of coronavirus on Friday, and with that, the state tally surged to 2,781. 

A 50-year-old woman, resident of Chikkaballapura district, succumbed to the infection on Friday. She was admitted to a private hospital on May 24 following acute kidney injury and pneumonia. As her condition deterorted, she was shifted to a designated hospital in Bengaluru Urban on May 28, where she tested COVID-19 positive.

Out of the 248 cases, only 16 persons have contracted the virus inside the state. The remaining are the people who have returned from Maharashtra, Delhi, Andhra Pradesh, Tamil Nadu and Ireland.

The maximum number of people, who tested positive for COVID-19, have returned from Maharashtra. Most of these people are residents of Udupi, Kalaburagi, Yadagiri and Raichuru.

Besides, five people have a travel history to Delhi, while one person each has tested positive on returning from Andhra Pradesh, Tamil Nadu, Rajasthan and Ireland.

Fifteen people have tested positive within the state and have been infected by persons who had previously tested positive or have a history of Influenza-like Illness and Severe Acute Respiratory Illness.

Out of all the cases, 10 have been reported in Bengaluru Urban while one has come up in Bengaluru Rural.

Meanwhile, on Thursday, the Karnataka government asked the Civil Aviation Ministry to reduce the number of flights coming in the state from the five worst-hit states -- Maharashtra, Tamil Nadu, Gujarat, Madhya Pradesh and Rajasthan.

"Karnataka has appealed to the Civil Aviation Ministry to take steps to lessen the air traffic to the state, with the sacred intention that there may not be adequate quarantine facilities if there is a huge turnout in a short span of time," state Law and Parliamentary Affairs Minister J.C. Madhuswamy explained.

Mangaluru, Jan 1: Led by two local MLAs belonging to Bharatiya Janata Party, dozens of people today forcibly stopped toll fee collection at Talapady toll gate on the outskirts of the city allowing vehicles plying between Karnataka and Kerala on the national highway 66 to travel without paying any fee for some time.

Mangaluru City South MLA D Vedavyasa Kamath and Mangaluru City North MLA Y Bharat Shetty, who led the workers, said that the Navayuga Udupi Tollway Pvt. Ltd. (NUTPL), the concessionaire of the about 90-km-long highway widening project between Talapady and Kundapura in Karnataka, had failed to complete the project since over a decade.

The service roads and two flyovers under the project remained uncompleted. Hence motorists were facing a hardship. Notwithstanding Nalin Kumar Kateel, Dakshina Kannada MP, arranging ₹56 crore loan to the NUTPL through Axis Bank to complete the prominent Pumpwell flyover in the city, the company had failed to complete it.

The MLAs said that they stopped the toll collection as a symbolic protest to bring pressure on the company to complete the project within this month.

The BJP workers who gathered near the toll gate around 7.30 a.m. forcibly removed the barricades and made the vehicles ply without paying the fee. The workers of the company managing the toll booth did not resist.

The BJP workers said that vehicles would ply without paying toll till about 6 p.m. If the company resumed the collection during the day on Wednesday, the party workers would again forcibly stop it on Thursday, they said.

Shivaprasad Rai, in-charge of toll collection of the company at Talapady, Hejmady and Sasthana on the same highway told The Hindu that the NUTPL collected about ₹7 lakh as toll fee daily at Talapady from over 12,000 vehicles. The loss on Wednesday could be about ₹4 lakh.

The project is being implemented under build, operate and transfer basis.