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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.

Mangaluru, Jul 10: A 58-year-old official of the Central Industrial Security Force (CISF) has died due to the coronavirus infection, taking the death toll in the paramilitary force because of the disease to nine, officials said on Friday.

Assistant Sub Inspector K B Premsha, posted in the CISF unit that guards the Mangalore Refinery and Petrochemicals Ltd (MRPL), passed away at a local hospital on Thursday, they said.

He was admitted to the hospital on July 5 with fever. His COVID-19 test report arrived on July 7 and it was positive. Premsha breathed his last on Thursday, officials said. He was a resident of Kodagu in Karnataka.

This is the ninth COVID-19 death in the force that has recorded 1,137 cases till now, according to an official data.

Of the total cases reported in the force so far, 410 are under treatment across the country, nine have died and the rest have recovered, officials said.

They said that 20 personnel tested COVID-19 positive on Friday while 22 have recovered over the last 24 hours.

The about 1.62-lakh strong CISF is the national aviation security force guarding 63 airports at present and it is also tasked to guard vital installations in the aerospace and nuclear domain.

Bengaluru, Mar 12: Karnataka on Thursday confirmed another positive case of the deadly coronavirus, taking the total number of infected persons to five in the state.

According to a source from the State Health Department, the infected person, a 26-year-old patient had recently returned from Greece. He is currently under observation in an isolation ward in a city hospital.