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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, Jul 6: A video clip of a Bengaluru-based doctor urging the follow doctors to return to their duty at a time when medicos are desperately needed to fight against COVID-19 has busted the myth of ‘shortage of beds’ in the hospitals. 

In past few of weeks, dozens of people in Bengaluru have lost their lives after hospital denied them admission citing lack of beds. 

Dr Taha Mateen, Managing Director of HBS Hospital, in an emotional message, appealed to healthcare professionals, including doctors, to help handle the situation better. The video has gone viral on social media.

“I speak from the ICU of HBS Hospital. It’s been a virtual bloodbath. I came in the morning at like 7:30 in the morning and its 12’o’clock midnight right now. Patients are continuously calling me now ‘cause their fathers are breathless, their brothers are breathless and they cannot find a room in Bengaluru and at this time if you see there is one Mr Shiva and me. There is no other doctor willing to work in this hospital,” Dr Mateen says in the video.

Dr Mateen further said, "I have beds, I have oxygen beds, I have ventilators, I have all the equipment. I have another 30 beds like this but I don’t have doctors working here.” He said that there is an urgent need to mobilise healthcare staff.

Sources said the COVID-19 patients at the hospital are left with only five doctors and 12 nurses. Until recently, the HBS Hospital had 20 nurses and 44 doctors on its roll.

According to a report, the hospital is facing huge difficulties in treating patients admitted at Intensive Care Units (ICU). Eight patients with severe respiratory problems are admitted to the hospital and are waiting for their COVID-19 test results.

"We have sufficient beds at the hospital to treat coronavirus patients, but we don't have doctors. And we can't admit more patients as we are left with just five doctors, said Dr Taha Mateen.

"All doctors are on WhatsApp, I request all doctors to come out and perform their duties, Dr Mateen said in a video appeal on WhatsApp, Twitter and Instagram. 

According to Dr Mateen, a COVID-19 patient, who was admitted to COVID care centre at Haj  Bhavan, was abandoned on a road by an ambulance driver. Later, the patient was picked by NGO volunteers. 

"The patient was brought to HBS Hospital at 2 am. He had a very low blood oxygen level. We stabilised his condition. Later, we had to send him home as we don't have enough staff to take care of him. We also sent an oxygen cylinder to his home," a report quoted Dr Mateen as saying.

Shivamogga, Feb 1: A three-year-old girl who fell out of a moving vehicle had a miraculous escape in Agumbe Ghat section in Teerthahalli taluk of Shivamogga district of Karnataka.

The incident took place in the early hours of Friday when 12 members from three different families were returning from a tour of Kerala and Tamil Nadu. The girl was reunited with her family after 30 minutes of high drama.

The child, identified as Anavi, is believed to have fallen from the vehicle as it negotiated hairpin bends on the Agumbe Ghat road, 350km from Bengaluru. The child's parents, Binu and Lincy, from NR Pura in Chikkamagaluru district, and other family members reportedly dozed off and did not realize the child had fallen off the vehicle until they covered a distance of about 20km.

One of the family members noticed that child was missing from the seat next to the door. When the driver realized the door latch had given way, they suspected the child could have slipped out of the vehicle.

Then the family started searching along the road and learnt from a forest guard at the Agumbe checkpost that a missing child was found and it had been handed over to Agumbe police station.

An advocate who identified himself as Vinay spotted the girl child as he passed the deserted stretch minutes after the vehicle left and picked her up and handed her over to Agumbe police.

The child sustained minor injuries in the fall. She was provided medical treatment before she was handed over to the parents.

Sources said it wasn't known how the vehicle door opened. One theory is that the girl could have accidentally unlocked the door while clutching the latch in the bumpy ride on the ghat. Police did not file any complaint.

Similar incident

This incident is almost a rerun of a Kerala incident in which a one-year-old baby fell off a moving jeep and was reunited with its mother hours later in September 2019 in Idukki district.

The baby had slipped off the mother's arms while she dozed off in the vehicle. CCTV footage showed the baby, after falling on the road, crawling towards a lit-up area close by, which turned out to be a forest checkpost. Family realised child was missing after 20km.