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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, May 16: At least 23 new COVID-19 positive cases have emerged in the past 19 hours, raising Karnataka''s tally to 1,079, a health official said on Saturday.

"New cases reported from Friday 5 p.m. to Saturday noon are 23," said the official.

Among the 1,079 cases, 548 are active and isolated in designated hospitals across the state, 494 patients got discharged and 36 died of the virus.

In the past 19 hours, cases spiked in Benglaluru Urban, the place hosting the highest number of coronavirus cases in the state.

Of the new cases, Bengaluru Urban reported 14 cases, followed by 3 in Hassan and Mandya, Ballari, Bagalkote, Davangere, Dharwad and Udupi, 1 each.

All the 14 cases, men, from Bengaluru Urban were secondary contacts of positive case 653.

All Hassan, Dharwad and Bagalkote cases had a history of inter-state travel to Mumbai, Maharashtra, India''s largest sufferer of Covid.

A 46-year-old man from Ballari had a travel history to Ahmedabad in Gujarat, another major COVID-19 hotspot state in India.

A 40-year-old man from Mandya had inter-district travel history to Kolar and Bengaluru.

A 1-year-old infant girl from Udupi had international travel history to Dubai.

Among the new cases, 15 are contacts of earlier cases.

Of the all cases, 20 are men and three women.

Only four of the 23 cases are above 50 and 18 below 40.

Of the 1,079 cases, 12 per cent patients were senior citizens, 66 per cent men and 34 per cent women with a discharge rate of 44 per cent.

Bengaluru, May 21: With temples yet to open for devotees as coronavirus restrictions are in place, the Karnataka government is preparing for live streaming of sevas (service) and poojas offered to deities at temples that comes under the state's Hindu Religious Institutions and Charitable Endowment Department.

The government has also decided to develop an app and web-based software with an intention to provide information to devotees regarding temples, also to facilitate online donations and advance booking for various sevas offered there.

Regarding online live streaming, Commissioner of the Hindu Religious Institutions and Charitable Endowment Department has written to the Deputy Commissioners of all the districts and Executive Officers seeking a list of temples that comes under their jurisdiction where such facility can be provided.

"It has been intended to do online live streaming of sevas and pooja rituals at temples that come under the department in the backdrop of COVID-19 crisis. In this regard it is requested to provide a list of temples where online live facility can be provided to devotees, by abiding the traditions and practices of the temple," the letter said.

Though the temples are holding daily poojas and rituals, they are not open to public for now, with COVID-19 induced lockdown restrictions in place.

Officials had recently had stated that the department was planning to have a standard operating procedure (SOP) in place, that needs to be followed at temples in a post lockdown scenario, once they are opened for the public.

There are over 34,000 temples in the state that come under the department.

Meanwhile, in another letter to DCs of 15 districts, also Executive officers and administrators of 'A' grade temples, aimed at development of app and web-based software, the Commissioner has sought information regarding sevas offered at temples in their jurisdictions and those sevas for which option can be provided for devotees to do advance booking.