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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 25: In what is suspected to be the second COVID-19 death in Karnataka, a 70-year-old woman from Gouribidanuru, who was under house quarantine for the last one week has died at Rajiv Gandhi Hospital for Chest Diseases.

The woman, who had recently returned from the Mecca pilgrimage developed fever on Tuesday afternoon. She was rushed to hospital, where she died on Wednesday morning.

Health and Family Welfare officials said that the throat swab sample of the woman had been sent to the laboratory for testing and the result was expected to come by afternoon.

Since last week, at least three cases of COVID-19 positive had been reported in Gouribidanuru in Chikkaballpura district, about 80 kms from Bengaluru.

Most of the suspects and confirmed cases had returned from Makkah pilgrimage. Even the deceased woman was one of them and had been advised house quarantine.

On Tuesday morning, she developed fever and was shifted to Gouribidanur hospital and later to Chikkaballapura hospital. By evening, she was moved to Rajiv Gandhi hospital, where she died on Wednesday morning.

The Chikkaballapura district administration has proclaimed prohibitory orders in the locality. They have also taken the woman's family members for testing.

Udupi, May 31: As many as 10 people have been tested positive for coronavirus in Udupi district today. 

The district has registered a total of 187 positive cases so far. Majority of the positive cases in Udupi district have inter-state travel history to Maharashtra.

Meanwhile, 14 people including three children who recovered from COVID -19 discharged from Government Hospital in Kundapura, in Udupi district.

Kundapura AC Raju, DHO Dr Sudhirchandra Sooda, taluk medical officer Dr Nagabhushan Udupa handed over a rose to all the discharged. With this, a total of 64 persons have been recovered and discharged in the district.