Convene legislature party meet to discuss ACB, Kharge tells Siddu

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, May 6: Karnataka Chief Minister BS Yediyurappa on Wednesday urged migrant workers to stay back as construction activities have resumed and also announced a Rs 1,610 crores COVID-19 financial package for the state.

The Chief Minister also said that close to one lakh persons, including migrant workers and students, among others, have so far been sent back to their home towns from Karnataka.

"We have sent around one lakh people in 3,500 buses and trains, back to their home towns. I have also appealed to migrant workers to stay as the construction work has resumed now," the Chief Minister said at a press conference on Wednesday.

"A package of Rs 1,610 crores will be released as COVID-19 financial relief. One time compensation of Rs 5,000 will be given to 2,30,000 barbers and 7,75,000 drivers," he added.

During the course of the press conference, the Chief Minister also announced compensation for floriculturists in the state.

Bengaluru, Jun 29: Bengaluru continued to see a sharp spike in covid- 19 cases as 738 more people tested positive on Monday that took the city's tally to 4052 of which 3427 is active.

The surge in Bengaluru pushed up the number of positive cases to 1105 across Karnataka. The total number of cases in Karnataka now stands at 14,295 of which 6382 are active.

The death toll stood at 230 as 19 more people died in the 24 hours till 5 pm on Monday.

Karnataka, particularly Bengaluru, has seen a sharp rise in cases over the last two weeks indicating the possibility of community transmission and further rise in cases.

Estimates by government authorities project that Karnataka will have around 25,000 cases by mid-August.

R.Ashok, the revenue minister incharge of covid- 19 in Bengaluru on Monday told doctors that they would have to dedicate another six months to contain the virus indicating that authorities were expecting the case count to rise in subsequent days and months.

The city reported over 3,200 cases since 19 June as against 844 cases between 8 March and 18 June.

There are around 500 containment zones in Bengaluru that is likely to have an impact of business and activities in the state's growth capital and its efforts to revive the economy.

The state government on Monday held meetings with private hospitals to increase the number of beds available for treatment of covid- 19.

The number of people in intensive careunits (ICU) jumped to 268.