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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 15: The Karnataka government on Saturday issued a statement saying that surveillance and containment measures against the spread of coronavirus have been increased in the state.

"In the wake of coronavirus scare, 104 Arogya Sahayavani (call centre) has reserved 20 lines for receiving calls for COVID-19," read the statement.

It also read that the dedicated seating at the 104 call centre has been increased to 40 and one person form 108 call centre will be responsible for coordinating with the ambulance services.

The statement also read that the government had arranged an orientation for the medical college staff to train them to deal with coronavirus patients.

While six people from the state were reported positive of coronavirus, the Union Ministry of Health, one amongst them was a 76-year-old man from the Kalaburagi region and he died due to co-morbidity.

The state Health Department Commissioner has said that the Telangana government has been notified about the man's death as he was also admitted to a hospital there.

So far, 84 people have been infected with COVID-19 in India.

Kasaragod, June 2: As Kerala commenced fresh academic year with online classes from Monday, a ninth-standard student at Malappuram district in North Kerala ended life allegedly owing to lack of online study facilities like television connection and a smartphone at her house.

Devika, daughter of Balakrishnan, hailing from a Dalit community at Valancherry, about 25 kilometres from Malappuram town, ended her life.

Balakrishnan told the media that he could not recharge the television connection owing to financial crunches. He was working as a daily wage worker and owing to COVID-19 and lockdown, he was not having much work these days. 

The family also did not have a smartphone or computer. The family members alleged that Devika was quite upset as she could not attend the virtual class that began on Monday. She was a student of a nearby government school.

Local police said that Devika, who was the eldest among four children of Balakrishnan, was suspected to have self-immolated using kerosene at a premise close to her house on Monday evening. The cause and provocations were still being probed only. No suicide notes were recovered yet.