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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.

Kolar, May 7: A 38-year-old man has been arrested for biting a snake and peeling off its skin at Mustur village in Kolar district of Karnataka.

Mulbagal range forest officer KN Ravikeerthi said forest officials nabbed Kumar, a construction worker, at Mustur on Wednesday and booked him under the Wildlife Protection Act. He was under the influence of alcohol.

Ravikeerthi said Kumar's offence is non-bailable and attracts a jail term of up to three years. The remains of the snake were collected and sent to a lab to ascertain its species. Forest officials said the snake Kumar bit was not a viper as was reported earlier but a rat snake.

On Tuesday, Kumar was riding back home after buying liquor when the snake ca me under his bike's wheels. He tossed the injured snake around his neck, bit it and peeled off its skin. Kumar said the snake had troubled him in the past.

Bengaluru, Apr 29: Union Minister Ravi Shankar Prasad on Tuesday clarified that Department of Telecommunications has extended the relaxed terms and conditions for VPN till July 31.

"Wish to clarify that it is not extension of WFH. In response to IT Industry's request to facilitate WFH for OSPs, Department of Telecommunications, India had relaxed terms and conditions for VPN till April 30 After discussions with IT Ministers this relaxation in terms and conditions is extended till July 31," Prasad Tweeted quoting Deputy Chief Minister of Karnataka Dr Ashwath Narayan.

Earlier, the Karnataka government issued a press statement saying that the central government has given permission to IT professionals to work from home till July 31 in the view of COVID-19 pandemic.