Udupi: Documentary on Haji Abdulla to be released on Monday

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, Apr 26: A 24-year-old man has been arrested in Vijayapura district in Karnataka for posting the photograph of a COVID-19 girl patient as his whatsapp status photo with a derogatory message, police said.

Anil Rathod on Saturday posted the picture of the girl student as status message with a caption, "Bad News Student got Positive"

By putting her photograph as his whatsapp status message, he tried to create fear among the masses and intentionally defamed her by making her photo go viral, the the police said in a statement.

It is an offence to reveal the identity of the COVID-19 patients by taking the photograph and putting it in the public domain, the police said.

Rathod has been booked under for spreading rumours and causing panic, they said.

Kozhikode, May 21: Six employees of a private clinic here and a taxi driver have been put on mandatory 14 days quarantine as a lady gynaecologist running the dispensary tested positive for COVID-19 in Bengaluru.

District Medical Officer Dr V Jayashree said the gynaecologist had returned to Karnataka a fortnight ago and tested positive while she was on quarantine there. Six staff members of the clinic at nearby Thamarassery and the taxi driver who dropped her inBengaluruon May 5 have been asked to go on quarantine, she said.

Patients had visited the clinic, belonging to the gynaecologist and her doctor husband, till April-end. Sources said the district administration is trying to figure out thecontacts of the gynaecologist, including pregnant women, for being quarantined.