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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, Jul 2: Mangaluru BJP Corporator Manohar Shetty, who entered a manhole to clean a drain, said that he did it to avoid waterlogging ahead of monsoon as people were facing several problems for the past few years.

"In my ward, there is a rainwater drain at Kadri Kambla junction and for the past few years, there was a waterlogging problem due to trash water used to collect and vehicles used to find it difficult to pass in that area," Shetty said.

"Since there was a lot of trash it had to be cleared to avoid waterlogging. We changed our dresses, and then I along with my three party workers entered manhole and cleared the trash," he said.

The Mangaluru BJP Corporator further said that it was not a publicity stunt, and he cleaned the drain to solve the problem of people. "During elections, I had promised people to get the drain cleaned. Since monsoon was coming; something had to be done; we did not do it for publicity but to solve a problem," he said.

Bengaluru, Jul 1: Karnataka registered a record 1,272 Covid positive cases to breach the 16,000- mark to take the states tally to 16,514, while seven people succumbed to the dreaded virus, an official said on Wednesday.

"New cases reported from Tuesday 5 p.m. to Wednesday 5 p.m. 1,272," said a health official.

In the past 24 hours, seven people have succumbed to the virus, two each in Bengaluru Urban and Bidar and one each in Dakshina Kannada, Belagavi and Hassan, taking the state''s death toll to 253.

Of the record number of cases in the last 24 hours, Bengaluru Urban bore the brunt with 735 infections, taking the city''s tally rise to 5,290, out of which 4,649 are active cases.

Among the new cases, excluding Bengaluru, Ballari accounted for 85, followed by Dakshina Kannada (84), Dharwad (35), Bengaluru Rural (29), Vijayapura and Hassan (28 each), Uttara Kannada (23) and Udupi (22).

Chamarajanagar witnessed 21 cases, followed by Bagalkote (20), Tumkur (19), Davangere (16), Chikkaballapura (15), Kalaburagi and Ramanagara (14 each), Koppal (13), Raichur and Chitradurga (12 each), Yadgir, Bidar and Belagavi (8 each), Kodagu (7), Mandya and Kolar (5 each), Shivamogga (3), Gadag (2) and Chikkamagaluru (1).

Of the 1,272 new cases, 1,068 or 84 per cent are contacts of earlier cases while domestic returnees accounted for 42 cases or 3 per cent.

On Wednesday, 145 people got discharged from different hospitals, elevating the total number discharges to 8,063.

Of the 16,514 cases in Karnataka, 8,194 are active cases.