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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 9:  Ministers and members of Legislature in Karnataka will take a 30 per cent cut each in their salaries and allowances to fund the fight against coronavirus in the state, for a year.

An ordinance to reduce the salaries of ministers and legislators by 30 per cent for one year to meet the exigencies arising out of COVID-19 pandemic was approved by the state cabinet headed by chief minister B S Yediyurappa on Thursday.

"... we have cut by 30 per cent salaries and allowances of all ministers, MLAs, MLCs, also speaker, deputy speaker, chief whip every one for one year from April 1, amounting to Rs 15.36 crore," Law and Parliamentary Affairs minister J C Madhuswamy said.

Speaking to reporters after the cabinet meeting, he said, "we have the consent from all the political parties for this, so we have passed the ordinance today."

The Union Cabinet on Monday had approved a 30 per cent cut in salaries of all Members of Parliament and a two-year suspension of the MP Local Area Development (MPLAD) scheme.

Mangaluru, Jul 8: A corporator and a staff in Mangaluru City Corporation (MCC) have tested positive for the coronavirus. 

The woman corporator, who was under home quarantine for past few days ago, received her covid test report today. 

A staff of health department who works in MCC also tested positive for the covid-19. 

The woman corporator had recently attended a primary health centre meeting. A person who had attended the meeting was later tested positive. Hence the corporator was placed under home quarantine.