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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 22: People here stayed at their homes due to Janata Curfew on Sunday amid the coronavirus scare.

Prime Minister Narendra Modi had on Thursday urged people to stay at their homes as a precautionary measure against the spread of coronavirus.

"In such difficult times, all Indians are supporting the cause. We accept and obey the Prime Minister's orders wholeheartedly as it is about how we protect ourselves and keep our children safe from this disease," said Shashikant Varma, a resident of Bengaluru.

"We hope the situation gets better at earliest and everyone gets rid of the virus," Varma added.
"All the shops have been closed.Everyone is at their homes to avoid getting infected from this deadly virus," said Harish Niwasi, another resident.

"Today is PMs Janata Curfew and so we all are at home. I appeal to all that by staying at home we can save each other from the deadly virus. We thank the PM for guiding us at such difficult times," said Tulsi Ram Varma.

The Janata curfew which began at 7 am today will come to an end at 9 pm.

Till now, the total number of positive coronavirus cases in Karnataka is 15 out of which one person has been cured and one death has taken place in the state, according to the Health Ministry.

The Karanataka Health Department on Saturday confirmed five new coronavirus cases in the state, taking the total count to 20.

According to the Indian Council of Medical Research (ICMR), till now there are 341 positive cases of coronavirus in the country.

Bengaluru, Mar 6: School children in Karnataka will have 'bag-free' days on two Saturdays in a month as part of efforts to create a joyful learning experience, Chief Minister B S Yediyurappa announced on Thursday. By making two Saturdays in a month as bag-free days, "Sambhrama Shanivara" will be observed with the objective of creating a joyful learning experience by reducing the burden of text books, he said, presenting the 2020-21 budget in the state assembly.

"The main purpose of such days is to create awareness, by means of activities, on topics that are necessary for students to be ideal citizens," he added.

He also said for the first time in the history of the state his government presented a "child budget", making it a special feature of the budget.

All the policies and programmes for the development of children below the age of 18 are consolidated and presented in this budget and as many as 279 programmes involving Rs.36,340crore, which is 15.28 per cent of the total volume of the Budget, have been earmarked.

English medium of instruction would be given along with Urdu in 400 government Urdu schools and Rs one crore will be provided during 2020-21 for this purpose, Mr Yediyurappa said.

For the education of children of auto drivers, up to Rs 2,000 would be provided annually to each family. For this purpose, Rs 40 crore will be provided in the coming fiscal, the Chief Minister added.