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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, Apr 1: Karnataka Health Minister B Sriramulu on Wednesday said that 200 people, out of 342 from the state who had attended the religious gathering at Markaz building in Delhi's Nizamuddin area, have been quarantined.

"200 people including four from Bengaluru and five from Belgaum, who participated in Tablighi Jamaat (in Delhi's Nizamuddin), have been quarantined. Total 342 people from Karnataka had attended the event," Sriramulu told reporters here.

The gatherings organised by the Tablighi Jamaat at the Markaz building in Nizamuddin came into the spotlight after multiple coronavirus cases were confirmed amongst those who attended the event held in March.
Twenty-four cases were reported from the national capital alone, apart from Telangana, the union territory of Andaman and Nicobar Islands amongst others.

The minister had earlier said that Bengaluru Urban and Mysuru have been identified among the prime 25 COVID-19 hotspots in the country.
Chikkaballapur, since the last fourteen days, has been emerging as another hotspot, according to Sriramulu.

The total number of coronavirus cases in India has risen to 1,637 after 240 new cases were reported in the country, according to the Ministry of Health and Family Welfare, on Wednesday.

The total number of active cases rose to 1466 in the country, while 132 people have been cured and discharged after receiving treatment, as of 9 am.

Bengaluru, Jun 16: Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar's daughter Aishwarya and Cafe Coffe Day founder late VG Siddhartha's son, Amarthya Hegde got engaged at SM Krishna Residence, Sadashivanagar in Bengaluru on Monday.
Only family members were present in the event. Amarthya Hegde is also the grandson of former Union Minister SM Krishna.
Last year in July, the body of Cafe Coffee Day (CCD) founder Siddhartha was unearthed on the banks of Netravati river.