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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.

Tumakuru, Mar 1: A leopard killed 30-month-old kid when she was playing outside her home in Baichnehalli village in Hebbur Hobli in Tumakuru district, police said on Sunday.

Police said that the deceased has been identified as Chandana. The incident happened on Saturday evening.

Forest and police officials visited the spot. A case has been registered in this connection.

Karnataka Minister for Forest Ananda Singh issued a shoot at sight order for the leopard which killed a 30-month-old boy while playing in front of his house on Sunday.

Speaking to newsmen after visiting the Bichenahalli where the kid was killed, he said that the operation will begin on Monday. The kid was dragged by the leopard and killed Saturday night.

Earlier also the same leopard had killed five-year-old child in the district, he added.

Mangaluru, Apr 3: The laboratory at District Wenlock Hospital has initiated trial for Covid 19 testing, close on the heels of receiving permission from state government.

Doctors, elected representatives and stakeholders had repeatedly demanded that a laboratory should be set up in the port city. Without the lab, the samples were sent either to Shivamogga or to Bengaluru for testing. When Heath Minister Sriramulu had visited Mangaluru on March 17, he had promised a lab in the city for testing of the samples.

Accordingly, the government gave permission for starting the laboratory at Wenlock Hospital. The process of registering the lab with Indian Council for Medical Research (ICMR) will be completed shortly. The laboratory will be fully operational only after it is registered.