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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, Apr 2: In a bid to discourage people from coming out on roads during the lockdown, Bengaluru Traffic Police have inscribed a message that reads, "If you come to road, I'll come to your home."

It was written on the road at Nagenahalli check-post. The message was written by the cops in the regional language.

Meanwhile, nine fresh cases were reported in Karnataka with the count rising to 110 in the state on Wednesday.

Out of the total cases, three persons died due to the virus while nine others have been discharged after recovery.

"COVID-19 cases climb to 110 in Karnataka, with nine fresh cases being reported between 5 pm yesterday and 2 pm today. Out of the total cases, three have died while nine others have been discharged," a bulletin issued by the state health department said.

"Out of 110 cases detected and confirmed in Karnataka so far, seven cases are transit
passengers of Kerala who have landed in our airports and being treated in
Karnataka," it added.

The Union Ministry of Health and Family Welfare on Wednesday said that there are 1,834 coronavirus positive cases in India, including 1,649 active cases, 144 cured/discharged/migrated people and 41 deaths.

Bengaluru, Mar 12: Karnataka Deputy Chief Minister Dr CN Ashwathnarayan on Wednesday said rumours that the state government has asked offices to remain closed tomorrow are false.

He clarified that the government has asked employers to explore the option of work from home amid the coronavirus scare.

"The rumours that the Govt has asked offices to remain closed tomorrow are false. We have asked employers to explore options of work from home for their employees. Let us be vigilant about this issue and not fall prey to any such rumours," Ashwathnarayan tweeted.

Meanwhile, Safdarjung Hospital in Delhi has cancelled all seminars, workshops or conferences in the premises in the wake of coronavirus spread.

"All the functions including seminars, workshops, conferences are to be cancelled. This is for urgent and necessary compliance," officials from the hospital said.