U T Khader bats for law amendment to ban bars in residential areas

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, Jul 19: A total of 4,120 new COVID-19 cases were reported from Karnataka on Sunday, taking the total number of 63,772 in the state, informed the state's health department.

Out of the total cases reported in the last 24 hours, 2,156 were reported from Bengaluru.
The total figure includes 39,370 active cases, 23,065 recoveries, and 91 deaths.

"Karnataka crossed the 10-lakh-tests milestone today. So far, we conducted 10,20,830 tests across 88 labs in the state and 35,834 tests today," Minister for Medical Education of Karnataka tweeted on Sunday. 

Davanagere, Apr 26: Amid the national lockdown imposed by the Centre to check the spread of coronavirus, social distancing norms were flouted as BJP MLA from Honnali -- MP Renukacharya -- held a meeting of ASHA workers on Thursday.

The workers were present in large numbers and no distance of at least one metre between the workers was maintained during the meeting.

However, the workers were seen wearing masks at the meeting but violating the norms of social distancing.

Social distancing is one of the measures that can help people avoid contracting the highly contagious coronavirus.

According to the Union Ministry of Health and Family Welfare, Karnataka has a total of 489 positive COVID-19 cases of which, 153 patients have recovered and 18 patients have died due to the deadly virus.