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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, Apr 30: Karnataka has decided to allow all industries located outside COVID-19 containment zones to operate from May 4, Chief Minister BS Yediyurappa said Thursday, even as he cautioned that the coronavirus crisis may last another couple of months.

“We feel that the COVID-19 menace is reducing and coming under control in the state. In Bengaluru, not many cases have been reported in the last 3-4 days. If this continues, it’ll help us open up industries in and around Bengaluru also. We’ll wait for another 2-3 days,” Yediyurappa told reporters after chairing a meeting of the Cabinet.

Yediyurappa and Industries Minister Jagadish Shettar are scheduled to meet industry captains on Thursday evening to discuss resuming operations from May 4.

"It won't be a surprise if the corona continues for another 2-3 months. However, based on Prime Minister Narendra Modi's directions, stringent lockdown measures (at red zones) and reviving economic activity will go hand in hand," Yediyurappa said.

The Cabinet decided to allow one-time inter-state or inter-district movement of people and labourers stranded due to the Covid-19 lockdown. The move will also benefit students and others who want to return to their native states or districts.

The government will also allow people from Karnataka residing in other states to return only if they are tested negative for Covid-19, Law Minister JC Madhuswamy said. An official order for this will be issued by evening today.

"Expenses should be covered by those wishing to travel. The government is willing to arrange buses for their benefit," Madhuswamy said. The government will provide a license to anyone who wishes to go, he said.

Having relaxed norms for industries outside red zones to resume operations, Madhuswamy said that inter-district passes will be issued to the top management of these units to travel from their homes to workplaces.

Liquor outlets, saloons and restaurants will remain closed till May 3, after which the government will take a call based on directions issued by the Centre.

“Opening of malls and hotels is not an option before us right now. But all hotels can give parcels,” Yediyurappa said. “I’m confident that the PM will allow the resumption of all activities.

He has already said that corona (containment) and economic activities will have to go hand in hand. So, I’m expecting the Centre to make some favourable decisions,” he added.

Bantwal, Jul 24: Former Union Minister B Janardhan Poojary on Friday said that people need to shed all their misconception regarding COVID-19 and stop taking it so lightly as it is not just any normal disease.

The 83-year-old politician who was tested positive for covid-19, was recently discharged from hospital after recovering completely.

Giving a word of caution, he said, “Earlier also there have been several diseases like Covid-19 and it has been eradicated. Even covid-19 will be eradicated. So, people should not get scared of the disease instead must fight with it”

“Also, covid-19 patients must not be treated like untouchables as those with symptoms may also not mention it due to the fear of being treated badly,” he added.