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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 25: The 36-hour marathon lockdown call given by Karnataka Chief Minister B S Yediyurappa, passed off peacefully with people opting to remain inside their houses and cooperate with the state government to fight against spread of deadly Covid-19.

Though the call was only for 24 hours from 7 am (Sunday) to 7 am (Monday) another 12 hours was added to it as the night curfew was already in force from 7 pm on Saturday and the next day (Sunday) it continued till Monday up to 7 am.

Autorickshaws and bus service were off the road giving a tough time to people arriving from neighbouring places reach home that too during the night. Adding to their woes was heavy rain that lashed the city for more than two hours on Sunday evening flooding the streets.

Malappuram (Kerala), Feb 19:  children of a couple in a span of nine years has raised suspicion among police personnel here who have registered a case following a complaint after a three-month-old child of the family died on Tuesday and was buried.

Police exhumed the body, which was buried in the morning, and took it to the district hospital at Tirur for post-mortem.

The infant was the sixth child of the couple, police said.

"A case has been registered (for unnatural death) in the matter to verify the death beyond any suspicion raised by locals since five other children of the couple had died in the past nine years," a senior police official said.

The couple had three boys and three girls of which the third girl child lived till the age of four and the rest died before turning one.

"The post-mortem will take place today itself.We are collecting the medical records of the children who had passed away earlier.

We will identify the cause of death after analysing the records and discuss the matter with forensic doctors," Tirur Deputy Superintendent of Police (DySP) said.

However, relatives claimed that there was nothing suspicious in the death of the children and that doctors have said it was due to some genetic disease.

"The post-mortem of the third child was conducted and the doctors said the death was due to some genetic problems. They said they were helpless," a relative said, adding that the family was ready to face any probe.

According to the locals, the couple had claimed that the children have died due to epilepsy.

Sources said the baby was taken to a hospital but was dead prior to reaching the hospital early this morning.