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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, Mar 12: The Karnataka government on Wednesday clarified that no coronavirus "emergency" has been declared in the state and that all the schools and offices will remain open.

Earlier, there were fake reports that Karnataka has declared "coronavirus as an epidemic" in the state.

In a statement, Karnataka health commissioner Pankaj Kumar Pandey refuted the reports doing rounds on social media which said Karnataka had declared COVID-19 as a "state epidemic".

Refuting the rumours, he added that all the schools, offices and other institutions will continue to function normally in the state.

The Karnataka government earlier today issued temporary regulation which asked all government and private hospitals to have flu corners for screening of suspected cases of COVID-19.

According to the regulation, no person/institution shall use print or electronic media to spread mis-information on COVID-19 without prior permission of the department of health & family welfare. If a person is found indulging in any such activity, they will be punished, it said.

The Karnataka government also started a campaign called 'Namaste over Handshake' that encourages people to greet in the traditional Indian style, to tackle the spread of the virus.

The state has reported four positive cases of coronavirus so far.

India, so far, has 60 confirmed cases of coronavirus, including 16 Italians tourists.

May 10: Azaan is an integral part of the faith, not the gadget, says veteran writer-lyricist Javed Akhtar, asking that the Islamic call to prayer on loudspeakers should be stopped as it causes "discomfort" to others.

In a tweet on Saturday, Akhtar wondered why the practice was 'halaal' (allowed) when it was, for nearly half a century in the country, considered 'haraam' or forbidden.

"In India for almost 50 years Azaan on the loud speak was Haraam. Then it became Halaal and so halaal that there is no end to it, but there should be an end to it. Azaan is fine but loud speaker does cause of discomfort for others. I hope that atleast this time they will do it themselves (sic)," Akhtar tweeted.

When a user asked his opinion on loudspeakers being used in temples, the 75-year-old writer said everyday use of speakers is a cause of concern.

"Whether it's a temple or a mosque, if you're using loudspeakers during a festival, it's fine. But it shouldn't be used everyday in either temples or mosques.

"For more than thousand years Azaan was given without the loud speaker. Azaan is the integral part of your faith, not this gadget," he replied.

Earlier in March, Akhtar had supported the demand to shut mosques amid the coronavirus outbreak in the country, saying even Kaaba and Medina have been closed due to the pandemic.

He had also appealed to the Muslim community to offer prayers from home in the holy month of Ramzan, which began on April 24.

"I request all the Muslim brothers that now that Ramzan is coming, please say your prayers but make sure that this doesn't cause problems to anyone else. The prayers that you do in the mosque, you can do that at home. According to you, the house, the ground, this all has been made by Him. Then you can do your prayers anywhere," he had said.