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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 21: Three new COVID-19 cases have been confirmed in Karnataka, taking the total number of infections to 18, the state government said on Saturday.

Earlier in the day, Health Minister B Sriramulu giving details about one positive case said, a 32-year old person from Gauribidanur in Chikkaballapura district, who has returned from Mecca has been confirmed for coronavirus infection.

The person has been admitted in a designated isolated hospital for treatment, he said in a tweet.

Details regarding the other two patients are still awaited.

The mid-day situation update by the government also said a circular has been issued to Health and Family Welfare Department officials and staff at all levels to work even on Sundays and general holidays without fail till March 31 in view of COVID-19.

A total of 48 government hospitals and 35 private hospitals have been identified as first respondent hospitals for the case management of COVID-19 cases, it said.

Mental health counselling is being done for positive COVID-19 cases and suspects in the identified hospitals and quarantined persons at home and hospital.

A total of 4,390 counselling sessions have been held till date, it added.

Sriramulu in a tweet, also said the government as a precautionary measure is planning to install thermal test CC cameras at government offices and certain important places.

Mangaluru , Mar 30: Dakshina Kannada Superintendent of Police Laxmi Prasad on Monday suspended a constable attached to Subramanya Police Station for manhandling the chief priest of Kukke Subramanya Temple on Saturday.

According to the police, when the priest Srinivas Bhat was on his way to the temple to offer Puja, Prasad, a police constable intercepted him and enquired where he was going during the lockdown period and then charged at him with lathi on his hand and back.

The priest, then immediately filed a complaint at local police station, following which a complaint was also brought to the notice of Deputy SP of Puttur Sub-division.Please lo