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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.

Hubbali, Mar 21: South Western Railway suspended an employee on Thursday, for allegedly hiding her son's travel history who returned from Spain. The employee's son has now been kept under isolation.

Earlier it was reported that the man had a travel history of Italy- among the worst affected countries by Coronavirus.

He was working in Germany and had taken a flight from Spain to return to India.

In an order issued by General Manager of South Western Railway, the employee was further asked to leave the headquarter without obtaining permission from the competent authority.

The suspended Railway Officer is posted in Bengaluru.
According to the official data, the total number of Covid-19 cases in India has risen to 206, according to ICMR. Timely diagnosis and isolation have been considered vital to check the spread of the deadly disease.

Mangaluru, Mar 24: A Covid-19 patient from Kasaragod, who recently came from abroad travelled to Mangaluru twice, revealed Karnataka department of health and family welfare.

The 54-year-old person is confirmed as Covid-19 positive case yesterday.

He landed at Mangalore International Airport on March 10 at 5.30pm by Air India Express flight.

From there, he had travelled in his own vehicle to Kasaragod. He had coffee near Kasaragod and reached home at 7.30pm.

On March 11, he had visited local fish market and returned home at 10pm.

He had consulted a local doctor at Kasaragod on March 18 and later visited to Kasturba Medical College, Attavar at 3pm, visited reception and consulted a doctor.

He had tea at KMC canteen and travelled in an auto to Medicity and brought medicines and returned to Kasaragod by KSRTC bus.

Again he travelled to Mangaluru on March 20 in a private vehicle and visited a doctor and returned back to Kasargod in a private vehicle.

The health department has requested all passengers who travelled in the above said flight/aircraft, and KSRTC bus can self-report by dialing 104 or other helpline numbers.