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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, Feb 19: Karnataka Chief Minister BS Yediyurappa is facing major dissent within the party and the BJP MLAs held a meeting on Tuesday night at former Chief Minister Jagdish Shettar's residence to discuss the functioning of Yediyurappa-led government, said BJP sources.

According to BJP sources, some of the unhappy BJP leaders and MLAs met last night at Shetter's place and expressed that they are not satisfied with Yediyurappa's leadership.

Last night's meeting shows that party leaders are looking to bring down Yediyurappa from the Chief Minister's post by sending a clear message to the high command that Yediyurappa is incapable of continuing as the CM, said BJP sources.

Other sources in BJP have also asserted that BJP leadership in Karnataka is looking for a "leader" who can lead the party in upcoming elections which is going to be held after three years. At this point of time, it's crucial for BJP to promote second-line leadership.

Meanwhile, a letter is being circulated in the BJP party forum and over social media against Chief Minister Yediyurappa's leadership.

It looks like the same team which is unhappy with Yediyurappa's leadership is trying to convey the same message to their high command. The letter which is being circulated says to be written by one of these leaders' groups against Yediyurappa and his son Vijayendra.

On this, Congress leader Ramalinga Reddy told media, "Maybe the letter is written by the same MLAs because after the expansion of Karnataka cabinet so many leaders from BJP were kept out."

"There is a lot of discontent among BJP MLAs that the ones who have toiled for the party day and night have been neglected from the cabinet expansion. This will definitely result in destabilisation in the government," said Eshwar Khandre, KPCC Working President.

Now party high command needs to look into Karnataka leadership to manage the government in the state.

"Now BJP leadership in Karnataka and Delhi need to look into the matter and need to solve the issue after cabinet expansion," said a BJP leader.

Mangaluru, Jun 29: A hospital set up in 1848 in the Port City has to remain closed till July 5 as majority of the Doctors and Staff at Lady Goschen Government Hospital are quarantined after coming in contact with a COVID-19 infected person.

Hospital Medical Superintendent said that both in-patient and out-patient wings of the hospital will remain closed till July 5 as there is a need to fumigate and sanitise all the departments of the hospital. Patients for treatment under 'Ayushman Bharat – Arogya Karnataka' scheme will be sent to private medical colleges with the referral card from the hospital. The hospital will start functioning normally from July 6.

The Lady Goschen Government Hospital, earlier known as the maternity Hospital, is the oldest hospital in the district and dates back to 1848.