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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.

Kasaragod, Mar 23: With 19 more positive cases reported on Monday, surveillance against people coming out of their houses and wandering around in public places has been intensified in the district.

With today's addition, the total number of positive cases of Novel Coronavirus (COVID-19) has increased to 38 in Kasaragod.

There will be total restriction in place for the public to step out of their houses. Those who are found outside on the streets would be arrested, caution the district authorities. Please log in to get detailed story.

Bengaluru, Mar 16: Stepping up measures to curb spread of coronavirus in the state, the Karnataka government would start thermal screening of visitors at various places including the vidhana soudha, high court, secretariat, and city civil courts, from Tuesday.

In view of coronavirus scare, screening of visitors has already begun at Chief Minister B S Yediyurappa's residence at Dollar's Colony in the city.

A medical team has been deployed for the purpose, sources close to the CM told PTI. Medical screening of passengers arriving at the Kempegowda International Airport here was underway. So far seven people have been tested positive in the state while one of them died due to COVID-19 in Kalaburagi.

The Department of Health and Family Welfare said the procurement of equipment such as scanners would be completed by Monday.

"The procurement of scanners, other supplies, deputation of staff nurses and trainingshall be held and completed on March 16, Monday itself on war footing basissetting aside other works," Commissioner of Health and Family Welfare department, Pankaj Kumar Pandey said in his order to district level health officers.

The KarnatakaState Drugs Logistics and Warehousing Society (KSDLWS) would procure and give the thermal scanners to the district health and family welfare officers of Bengaluru Urban, Kalaburagi, Dharwad, it said. Sufficient virus filtering N95 masks, handgloves and sanitisers would also be provided to the officers, it added.