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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, May 1: Dakshina Kannada on Friday two more positive cases of coronavirus in the district, taking the total number of cases to 24.

According to the state health bulletin, the 62-year old husband of the 58-year old woman of Boloor who tested positive for COVID-19 on Thursday, also tested positive for the virus.

Another 69-year old patient hailing from Kasaba in Bantwal Taluk also tested positive for the infection.

Mangaluru, Jun 3: Cyclone Nisarga did not land in Karnataka and has passed its border with heavy rains and strong winds, said an official on Wednesday.

However rains continued to lash parts of coastal Karnataka. There was no report of any casualty, the official added.

"It has already passed. We have not got any reports of fatalities. A heavy rain was expected and the deputy commissioners were alerted. Fishermen too were warned," said Karnataka State Disaster Management Authority (KSDMA) Principal Secretary T K Anil Kumar.

Kumar said Nisarga's actual landing is in Maharashtra and the warning was given for that state and Gujarat.

"In the fringe proportion (of Karnataka), high winds were expected and fishermen were warned not to venture into the sea," he said.

Kumar said the department interacted with the deputy commissioners of Belagavi, Uttara Kannada, Udupi, Dakshina Kannada, Chikkamagaluru and Shivamogga and alerted them about heavy rains.

Karnataka State Natural Disaster Monitoring Centre Director Srinivas Reddy said the department has kept four National Disaster Relief Force (NDRF) teams on standby in Mangaluru and Kodagu for any eventuality.

The teams have been mobilized from Guntur in Andhra Pradesh.

"More rain is predicted in coastal districts. Wind speed too will be more in coastal areas," said Reddy.

According to a Met Department official, the track of Nisarga is expected to be 200-400km off Karnataka coast.

"Sudden wind speed had been reported along the coast. We had issued port warnings," said the official.