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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.

Tumakuru, Jan 4: Three people were burnt alive and four others sustained injuries in a head-on collision between a four-wheeler (Omni van) and a private bus on NH-206 near Doddaguni in Gubbi taluk of Tumakuru district in the early hours of Saturday.

Police said that Narasamma’s relatives and villagers were taking her to a hospital in Nittur when a private bus, heading to Shivamogga from Bengaluru, collided with the van on the tank bund road near Doddguni around 0200 hrs. The two vehicles caught fire and Vasanthkumar, Ramaiah and Narasamma were burnt alive in the van. The passengers in the private bus escaped unhurt.

The deceased were identified as Vasanthkumar (23), Ramaiah (62) and Narsamma (60) of N Hosahalli in Gubbi taluk, whereas the injured were identified as Ravikumar (23), Radhamani (30), Narasimha Murthy (40) and Gowramma (28).

Bengaluru, May 28: The Karnataka government has done away with previously mandatory COVID-19 testing for asymptomatic international travellers. 

The development comes a day after the government issued a circular, which allowed placing of international travellers into home quarantine if they had completed seven days of institutional quarantine.

A circular signed by Jawaid Akhtar, Additional Chief Secretary to the State Government, dated May 27, says that any “person who has completed seven days of institutional quarantine and is asymptomatic can be permitted for home quarantine with a COVID-19 test (RT-PCR), subject to undergoing a medical check-up.”

This check-up equates to thermal screening (with a required temperature of under 37.5C or 99.5F and pulse oximetry of under 94%). 

The circular added that all elderly people, over the age of 60, and those with comorbidities (such as Diabetes mellitus, hypertension, asthma, heart ailment, renal disease...etc) are “required to be clinically evaluated diligently prior to shifting them for quarantine.”

On Wednesday, Pankaj Pandey, Commissioner, the Department of Health and Family Welfare said that these new guidelines were based on recommendations from the COVID Task Force. A member of the COVID Task Force said that new strategies had been formulated based on the latest findings on how the SARS-Cov-2 virus affects people.