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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.

Mangaluru/ Udupi, Jul 20: Dakshina Kannada has recorded 89 new covid-19 cases and five deaths whereas as Udupi recorded 98 cases in past 24 hours. 

Dakshina Kannada 

With five new deaths, the covid-19 death toll in the district mounted to 82. Among the five deceased, two are from Mangaluru taluk, one from Beltangady taluk, one from Bantwal taluk and one from Chikkamangaluru district. The deceased include a 2 month old child (from Bantwal). 

Out of the 89 cases, eleven persons had contracted the disease from primary contacts. Two persons had returned from the Gulf. Forty-five persons are suffering from influenza-like illness (ILI), and sixteen persons are suffering from Severe Acute Respiratory Infection (SARI). The health officials are tracing the contacts of fifteen others.

Meanwhile, 57 persons were also discharged from the hospital after complete recovery.

Udupi

With 98 new covid-19 cases, the total number of cases in the district today mounted to 2,321. Among them only 661 are currently active. 

1650 patients have been discharged from the hospital after complete recovery, and 11 persons have succumbed to COVID-19 in the district.

As of now, 213 throat swab samples are pending for results, 54 samples were sent for testing on July 20. On Sunday, July 20, 251 samples have tested negative. As of now, a total of 22357 swab samples out of the 24891 have tested negative for the coronavirus.

Newsroom, Apr 23: During the ongoing lockdown in India so as to break the chain of Coronavirus infection, Islamic scholars across India are appealing Muslims to stay indoors and observe fasting with steadfastedness in the blessed month of Ramadan.

They have urged the people to offer taraveeh and other Namaz at homes, do iftar at home and enjoy with one's family only.

During Ramadan, social distancing would be of utmost importance in order to contain the disease, they urged. 

Shahi imams of Jama Masjid and Fatehpuri Masjid in the city have also appealed to Muslims to offer namaz during the holy month of Ramadan at home and follow lockdown guidelines to prevent the spread of coronavirus.