12 from Karnataka, who attended Tablighi Jamaat conference, test negative for COVID-19

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.

While it makes perfect sense for IT employees to work from remote locations via video conferencing and collaboration tools seamlessly - especially in the case of tech giants like Google or Microsoft -- workers from the non-IT companies and small and medium enterprises (SMBs) are the worst-hit in India as most of them have little or no clue about how these messaging and collaboration tools work amid the coronavirus pandemic.

Small companies -- from corporate to education verticals -- are scrambling to get their act together as new coronavirus threat has reached their premises, prompting them to send employees home who have age-old laptops, poor network and connectivity with no UPS backups and little knowledge about how to handle group chat and collaboration software like Zoom, Google Hangouts Meet, Microsoft Teams and Flock etc.

Instead of halting operations, however, businesses can choose to shift towards remote working methods with teaching non-IT staff on how to use the latest digital software to connect and work, say industry experts.

The training will take some time and may hamper productivity in the short run but is a win-win situation for the non-tech companies in the long run, in case any such global emergency arises in the future.

According to a latest report by Gartner, 54 per cent of HR leaders have cited that poor technology and/or infrastructure for remote working is the biggest barrier to effective remote working.

Sandy Shen, Senior Director Analyst, Gartner, says that with COVID-19 disrupting the business landscape, CIOs should relook at the digital fulfillment of market demand.

"The value of digital channels, products and operations is immediately obvious to companies everywhere right now. This is a wake-up call for organisations that have placed too much focus on daily operational needs at the expense of investing in digital business and long-term resilience," warned Shen.

Businesses that can shift technology capacity and investments to digital platforms will mitigate the impact of the outbreak and keep their companies running smoothly now, and over the long term.

"Videoconferencing, messaging, collaboration tools and document sharing are just a few examples of technologies that facilitate remote work. Additional bandwidth and network capacity may also be needed, given the increasing number of users and volume of communications," informed Shen.

The IT industry's apex body Nasscom has asked the government to relax norms for a month to allow work-from-home for technology and back-office employees as a measure to deal with the spread of Covid-19 in India.

Networking giant Cisco said that it has seen "significant growth" in the usage of its web conferencing and video-conferencing service Webex in India.

According to Muneer Ahmad, Business Head, ViewSonic India, due to COVID-19 pandemic, the corporate and educational sector is severely getting affected in the country.

"ViewSonic IFP has a cloud-based software which help teachers and corporates to connect through video conferencing to multiple people at the same time and can split the screen into six screens. It can also connect with various tools like Skype, Cisco WebEx, Zoom, Google Hangouts and GoToMeeting," Ahmad told IANS.

Co-working sector has also taken a hit and the industry is looking at several measures to tackle it -- from ensuring supply of juices rich in Vitamin C to supply of disinfectants and giving work from home facilities.

"The scheduled visits of the clients at our co-working offices have been postponed. Few of our clients have cancelled their outstation meetings and have now started audio/video conferencing for virtual meetings," said Nakul Mathur, MD, Avanta India.

According to reports, India has approximately 1,000 co-working locations (as of September 2019) and is the second-largest market for the co-working industry after China.

As India's first licensed B2B Virtual Network Operator, CloudConnect Communications offers a collaborative platform that allows companies to overcome the COVID-19 threat while maintaining seamless business continuity and optimum employee productivity.

"We offer a secure, robust, reliable, scalable and trackable mobile-first unified communication infrastructure that aids remote teleworking so that businesses can continue operating even under any unforeseen circumstances," said Gokul Tandon, Executive Chairman, CloudConnect Communications.

Jun 6: Private sector lender Karnataka Bank has reported to the RBI that it has been defrauded of over Rs 285 crore consequent to loans gone bad to four entities including DHFL.

A total of Rs 285.52 crore has been reported as fraud wherein the bank was one of the consortium lenders during 2009 to 2014 to Dewan Housing Finance Corporation Ltd (DHFL), Religare Finvest, Fedders Electric and Engineering Ltd and Leel Electricals Ltd, Karnataka Bank said in a regulatory filing on Friday.

The maximum is owed by DHFL at Rs 180.13 crore, followed by Religare Finvest Rs 43.44 crore, Fedders Electric Rs 41.30 crore and Leel Electricals Rs 20.65 crore.

"DHFL (defaulted entity) dealing with us since 2014 had availed various credit facilities under consortium arrangement wherein, we were one of the member banks. In view of Early Warning Signals (EWS) in the conduct of the account and other developments, the account was red flagged on November 11, 2019.

"The borrowing account was classified as Non-Performing Asset on October 30, 2019 and now, for misappropriation & criminal breach of trust & diversion of funds in the credit facilities extended earlier to the company, a fraud amounting Rs 180.13 crore has been reported to RBI," Karnataka Bank said.

Likewise, Religare Finvest Ltd (RFL) was dealing with the bank since 2014, availing various credit facilities.

Following classification of this account as non-performing in October 2019 by a consortium member, Karnataka Bank reported to RBI a fraud amounting to Rs 43.44 crore in the credit facilities extended earlier, on account of diversion of funds.

Leel Electricals was classified as NPA account in March 2019 and it reported to RBI a fraud amounting to Rs 20.65 crore in the credit facilities to the company on account of diversion of funds.

"In all the referred three non-performing accounts, necessary provisions have been made in full to be spread across four quarters," it said.

Fedders Electric and Engineering Limited was reported as NPA in July 2018 by a member bank in consortium, subsequent to which Karnataka Bank reported fraud of Rs 41.30 crore on account of fund diversion.

The account has already been fully provided for, it added.