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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.

Mangaluru, Jul 2: A middle aged man who was battling health issues due to kidney-related ailments, breathed his last at a private hospital.

He was tested positive for coronavirus.

The deceased was a 49-year-old resident of Kalladka in Bantwal.

According to sources, the man, was getting treated for tuberculosis and liver-related ailments, he was at home since 20 days.

On June 27 he was admitted to the private hospital in the city due to kidney related ailment.

With this, the total number of death of covid patients in the district reached to 18.

Mangaluru, Mar 9: Deputy Commissioner Dakshina Kannada, Sindhu B Rupesh on Monday refuted reports that a passenger who arrived in Mangaluru from Dubai showed coronavirus symptoms had skipped a hospital visit.

While replying to reporters on the issue, Rupesh said: "Passenger who arrived from Dubai has not shown any coronavirus related symptoms. He just had a fever. He was shifted to district hospital last night, but he is not cooperating with us. He is not ready to stay in a hospital. We are convincing him".

"Till now, no positive case of coronavirus has been found in Mangaluru", she added.

Earlier, the Centre had suspended visas and e-visas granted on or before March 3 to people travelling from Italy, Iran, South Korea, and Japan, effective immediately, after a surge in cases of COVID-19 in these countries.

The coronavirus has affected 43 people in India so far and caused the deaths of over 3,800 people globally.