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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, Jun 4: Assuring support to reform the police department, Karnataka Chief Minister B S Yediyurappa on Thursday directed officials to strengthen Cyber Crime, Economic Offences & Narcotics (CEN) stations and forensic labs in the state.

The Chief Minister who held a review of the Home Department, lauded the work of police personnel during the COVID-19 crisis, and promised necessary help to reform the department.

Pointing at the changing scenario, the Chief Minister instructed officials to give priority to strengthen CEN stations, his office said in a release. Similarly, for quick detection of crimes, necessary action will be taken to strengthen forensic labs, he added. During the meeting it was also decided to continue more than 3,000 home guards, who were in the fear of losing jobs, and to deploy them to various departments.

Yediyurappa directed officials to take necessary steps to make home guard services available to private organisations also. Officials informed the Chief Minister that all necessary COVID-19 related precautions have been taken at prisons and no case has been reported so far at jails. They said as per Supreme Court directions, 5,005 people were released on bail and parole, and congestion of prisoners at prisons has been reduced from 110 per cent to 95 per cent.

Yediyurappa also asked the officials to submit a proposal based on facts towards development of basic amenities that comes under the Home Department.

Bengaluru, May 13: 26 new covid-19 cases have been reported in Karnataka taking the total cases to 951. This includes 32 COVID deaths, one non-COVID death and 442 discharges.

The new cases include eleven cases from Bidar - all of whom are from the containment zone - , four from Hassan, two each from Davangere, Kalaburgi, Vijayapura and Uttara Kannada and one each from Bengaluru Urban, Ballari and Dakshina Kannada.

All the cases reported in Hassan and Vijayapura are with a travel history to Mumbai. In Bengaluru Urban, a nurse from a designated COVID hospital who was under quarantine has tested positive.

32nd death

The latest death reported was that of a 60-year-old man in Kalaburgi district. The deceased man from a containment zone was brought dead on May 11 to a designated hospital in Kalaburagi, and he has tested positive for COVID-19, it said.