NIA findings reaffirms that ‘Love Jihad’ never existed; media must stop spreading lies: PFI

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 19: Karnataka on Tuesday recorded the highest single-day rise in the COVID-19 cases in the state as a whooping 149 people tested positive for the virus. With the spike in new cases, the overall tally has risen to 1,395.

This is for the first time the state recorded 100 plus cases in a single day. So far, 40 people have also succumbed to the virus including three deaths today. 

The new deaths consist of a 61-year-old male patient, a resident of Ballari; a 65-year-old male patient, a resident of Vijayapura; and a 54-year-old male patient from Bengaluru.

Among the new cases, a maximum of 71 are reported from Mandya, followed by 22 in Davanagere, 10 in Shivamogga, 13 in Kalaburgi, six in Bengaluru Urban, four each in Udupi and Uttara Kannada, five in Chikkamagaluru, three in Hassan and one each in Yadagiri, Chitradurga, Vijayapura, Gadag.

Most of the new cases are of the people who traveled to Mumbai in Maharashtra, Solapur, Ahmedabad, and Kerala.

The remaining are those who came in contact with the people who had tested positive earlier.

At present, 811 people are actively taking treatment, while 543 have been discharged after recovery.

Bengaluru, Jun 16: Continuing easing of restrictions under 'unlock-1,' the Karnataka government has allowed shooting and production of films and television programmes in the state.

In a clarification, Principal Secretary Revenue N Manjunath Prasad said, shooting and production of all films and television programmes that were stopped in between due to lockdown can be allowed.

It is also allowed to continue with the post-production activities of film and television programmes after completing the shooting, it said.

The permission is conditional as it is subjected to adhering of the national directives issued in connection with the COVID-19 pandemic, and standard operating procedures prescribed by the Department of Information and Public Relations.

The clarification said permission can be given as film and television shooting and production activities are not banned under guidelines issued by the centre and the state government recently.