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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, Jun 18: Two employees at a plant of Toyota Kirloskar Motor in Karnataka's Bidadi have tested positive for COVID-19, the automobile company said in a statement on Wednesday.

According to the auto major, the two employees had attended work on June 7 and 16 respectively.

"As a first step and through appropriate contact tracing, TKM has started identifying all those employees who may have had primary or secondary contact with the infected employees for necessary treatment and quarantine wherever necessary and is in contact with the local government authorities," the statement said.

Toyota Kirloskar Motors had restarted operations after weeks of nationwide lockdown to prevent the spread of coronavirus on May 26. It said that all necessary precautions were to maintain social distancing and all Central and state government directives were being followed.

"However, despite all such measures, two employees at TKM's Bidadi plant tested positive for COVID-19 on June 16th, 2020. Operations at TKM plant has already been temporarily suspended so that required disinfection can be carried out at the plant," the statement said.

"TKM has extended all necessary support to the infected employees for medical treatment as well as quarantine procedures. The company is in touch with the families of the infected employees so as to support them to handle this situation carefully without further complications," it added.

Bengaluru, Mar 15: Karnataka government has said that as of now six cases of COVID-19 have been reported in the state, including one person who died.

"Till date six COVID-19 cases have been reported in the state including one death. The 5 Coronavirus positive cases are in isolation at the designated hospital in Bengaluru," the Karnataka government said on Sunday.

Meanwhile, the Health Department of Karnataka on Sunday said that all the family members and other contacts of the 76-year-old man who died of coronavirus in Kalaburagi are being monitored closely.

The Union Ministry of Health and Family Welfare informed that India's tally in the number of positive cases for coronavirus has reached 107 on Sunday.