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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, Mar 3: Minister of Medical Education K Sudhakar on Tuesday said that there is no need to panic as appropriate measures have been taken by the state government to tackle a possible Coronavirus outbreak.

"I request the media not to spread panic and support the government in dealing with any possible Coronavirus outbreak. With the help of the Centre we have taken all required precautionary measures to deal with any situation," Sudhakar told reporters.

Talking about the first confirmed case in Telangana, who had stopped over in Bengaluru, the Minister said, "His flatmates and 23 people who travelled with him from Karnataka are being screened. Both the state (Karnataka and Telangana) government are taking care of them."

"Out of the 295 samples collected so far, 240 tested samples tested negative. We are awaiting more results as of now. There are two labs. One in RGICS and another in Bangaluru Medical College where tests are being carried out," he said.

On Monday, the first confirmed case of a Novel Coronavirus in Telangana was reported from Hyderabad when a 24-year-old man, who had come in contact with some Hong Kong citizens, while he was in Dubai on February 17, tested positive for the virus.

After arriving in Bengaluru on February 20 and travelled to Hyderabad by bus on February 22.

Meanwhile, Telangana Health Minister Eatala Rajender on Sunday said that the state government is on a high alert since the confirmation of one Coronavirus positive case here.

The Health Department has also issued an advisory to all educational institutes.

Mangaluru, Jul 2:  A seven-day old baby boy was tested positive for Covid-19, Health Department officials said on Thursday.

The infant is currently undergoing treatment at a designated Covid Hospital here. The baby was born at a private hospital in the city last week. 

According to the officials, it was not known as to how the newborn contracted the infection.