Tricolour unfurled at 10,000 mosques across Kerala on R-Day

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.

Kannur, Mar 29: A non-resident Keralite (NRK)

under home quarantine here since he returned from Sharjah recently died on Sunday, officials said.

According to health authorities, Abdul Khader (65), a resident of Kannariparamba, was kept under home quarantine after he returned from abroad on March 21.

Police said the man had no symptoms of coronavirus but was under isolation as per Covid-19 protocol for persons returning from abroad and other states.

"The relatives of the deceased took him to hospital after seeing him unconscious in his room. However he died before reaching the hospital," police said.

Quoting medical college authorities, the Mayyil police said he died of cardiac arrest.

However, the health officials said they will test his blood sample to ascertain whether he was affected with novel coronavirus.

The body has been kept at the Kannur medical college and will be handed over to his kin only if the result of his blood test is negative, sources said.

Mangaluru, Apr 21: An elderly woman from Bantwal taluk in Dakshina Kannada district has been diagnosed with covid-19, a deadly disease caused by coronavirus.

The state health and family welfare department, in its bulletin released on Tuesday morning, confirmed  that 67-year old woman suffering from covid-19.

The woman is said to be a neighbour of the woman from who died last Friday after being infected with coronavirus.

It is suspected that the virus reached elderly woman's body as she was in touch with the deceased.

The woman was admitted to Covid - 19 Hospital, Mangaluru, on the April 18 after she developed breathing problem. It is learnt that she is responding to the treatment