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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, May 13: 26 new covid-19 cases have been reported in Karnataka taking the total cases to 951. This includes 32 COVID deaths, one non-COVID death and 442 discharges.

The new cases include eleven cases from Bidar - all of whom are from the containment zone - , four from Hassan, two each from Davangere, Kalaburgi, Vijayapura and Uttara Kannada and one each from Bengaluru Urban, Ballari and Dakshina Kannada.

All the cases reported in Hassan and Vijayapura are with a travel history to Mumbai. In Bengaluru Urban, a nurse from a designated COVID hospital who was under quarantine has tested positive.

32nd death

The latest death reported was that of a 60-year-old man in Kalaburgi district. The deceased man from a containment zone was brought dead on May 11 to a designated hospital in Kalaburagi, and he has tested positive for COVID-19, it said.

Bengaluru, May 27: Former Karnataka chief minister and JD-S leader HD Kumaraswamy on Wednesday said that the state government should withdraw the decision to name the Yelahanka bridge after Hindutva ideologue Vinayak Damodar Savarkar.

"The state government's decision to name the Yelahanka bridge after Savarkar is a disgrace to those who have struggled for the country's prosperity. This doesn't give a good name to the state government," Kumaraswamy tweeted.

"There are many great people who worked for the development of the country before and after independence. Their names could have been used for this bridge. Do other states name their bridges after our leaders? On behalf of the people of the state, I urge the state government to take a step back from this decision," he added.

The newly built Yelahanka bridge was named after Savarkar last year in a BBMP council meeting. Later it was sent to state government for approval. Tomorrow, the bridge is likely to be inaugurated for public use.