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Prohibitory orders during anti-CAA protests illegal: Karnataka High Court

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.
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'Govt has miserably failed in tackling situation arising out of coronavirus'

Bengaluru, Mar 25: Former Karnataka Chief Minister Siddaramaiah on Wednesday targetted Centre over surge in coronavirus cases in the country, alleging that the government has miserably failed in tackling the unprecedented situation and was still not managing the crisis well.
"The government has miserably failed in tackling this very serious disease. They are not properly managing the crisis," senior Congress leader Siddaramaiah told ANI.
Siddaramaiah's response comes a day after Prime Minister Narendra Modi announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.
The Prime Minister said the lockdown has drawn a "Lakshman Rekha" in every home and people should stay indoors for their own protection and for that of their families.
Noting that the Centre has on Tuesday allocated Rs 15,000 crore for the treatment of coronavirus patients and to strengthen health infrastructure, he said testing facilities, personal protective equipment, isolation beds, ICU beds, ventilators and other necessary materials will be ramped up.
The Prime Minister said the country will have to bear the economic cost of lockdown but saving the life of every citizen is his priority and the priority of the Central and state governments as also of local administrations.
Noting that the virus spreads like fire, he said that if care is not taken for 21 days, the country, a family can go behind by 21 years.
According to the Indian Council of Medical Research (ICMR), India has reported about 536 individuals have been confirmed positive among suspected cases and contacts of known positive cases. A total of 22,694 samples from March 24 till 8 pm.
Ten people have died so far due to the deadly virus, according to the data by Union health ministry.
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Bengaluru lockdown: What is allowed and what is not

Bengaluru, July 14: The Karnataka government has allowed some relaxations during the week-long lockdown in Bengaluru urban and rural districts. The lockdown will commence from 8p.m. today (July 14) and end at 5a.m. on July 22. The government has released the guidelines for lockdown.
Restrictions
*No new flights or trains will be permitted; only flights and trains already scheduled will continue to operate. Flight and train tickets shall serve as passes for movement by taxis/cab aggregators/auto rickshaws.
* Metro rail services prohibited
* Taxis and services of cab aggregators will be prohibited except for emergency and as permitted in guidelines.
* Schools, colleges, educational/training/coaching institutions etc. will remain closed. Online/distance learning shall continue to be permitted. Examination already scheduled shall be permitted
* Hotels, restaurants, and hospitality services, prohibited except those meant for health/police/government officials/healthcare workers. Hotels and restaurants shall be permitted to operate kitchens for takeaway/home delivery of food items only.
* All cinema halls, shopping malls, gymnasiums, sports complexes, stadia, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places.
* All social/political/sports/entertainment/academic/cultural religious functions/other gatherings and large congregations.
* All religious places/places of worship shall be closed for public. Religious congregations are strictly prohibited. Commercial and private establishment shall be closed down
Relaxations (outside containment zone)
* Shops including ration shops (PDS), dealing with food, groceries, fruits and vegetables, etc. to open only from 5 am to 12 noon. Home delivery of essential items shall be encouraged.
* All facilities in the supply chain of essential goods, whether involved in manufacturing, wholesale or retail of such goods through local stores, large brick and mortar stores or e-commerce companies.
* All food processing and related industries.
* Banks, insurance offices and ATM.
* Print and electronic media.
* Telecommunication, internet services, broadcasting and cable services, IT and IT-enabled services with minimum staff for essential purposes. As far as possible, work from home should be encouraged.
* Delivery of essential items such as food, medicines, pharmaceuticals, medical equipment through e-commerce.
* Power generation, transmission and distribution units and services.
* Capital and debt market services and notified by the Securities and Exchange Board of India (Sebi)
* Cold storage and warehousing services.
* Private security services.
* Delivery of goods by E-Commerce companies. Industries/industrial establishments as listed below will be allowed to operate (outside containment zones):
i. Production units which require continuous process, and their supply chain.
ii. Food processing industries, manufacturing of essential goods, including drugs, pharmaceuticals, medical devices, their raw material and intermediates.
iii. Manufacturing of packing materials.
iv. Manufacturing and other industrial establishment with access control in Special Economic Zones (SEZs) or outside municipal limits and Export Oriented Units (EoUs), Industrial townships. Construction activities will be allowed in continuation of works in construction projects, where workers are available on site.
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