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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, June 16: A youth has been arrested by the sleuths of Ullal police station on charge of sexually assaulting a minor girl and impregnating her on the outskirts of the city. 

The arrested has been identified as Lavakumar alias Shravan, a resident of Valacchil, who was working in a fast-food outlet at Thokkottu. 

According to the police, the accused had sexually assaulted his owner’s minor daughter. The incident came to light when the girl’s mother came to know that former was pregnant.

It is said that the girl’s mother, who had employed the accused, allowed him to stay in their house. The accused befriended the minor girl and sexually used her.

Based on a complaint filed by the girl’s mother, a case was registered at Ullal police station under Pocso Act. The police arrested him yesterday and produced him before a local court.

Bellary,  Jul 26: A 100-year-old woman resident of Huvina Hadagali town in Bellary district, Karnataka, recovered from COVID-19 after testing positive for the virus earlier this month.

"Doctors treated me well. Along with regular food, I was eating an apple a day. The doctors are giving me tablets and injection, and I am healthy now. COVID-19 is like a common cold," said Hallamma while speaking to news agency.

The woman's son, daughter-in-law, and grandson had also tested positive for the virus, and the family was treated at their home.

According to health department officials, her son works at a bank and had tested positive on July 3, after which Hallamma tested positive on July 16; the 100-year-old reported negative for the virus on July 22.

Meanwhile, the covid-19 death toll in the country rose to 32,063 with 705 fatalities being recorded in a day on Sunday. The number of tests for detection of covid-19 has crossed the 16-million mark in the country.