BJP to go ahead with Mangaluru Chalo, even if cops deny permission

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/Udupi, Jul 26: Karnataka’s twin coastal districts of Dakshina Kannada and Udupi have recorded 369 new coronavirus positive cases and 10 more deaths related to the covid-19 in past 24 hours. 

Dakshina Kannada

With 199 new covid-19 cases, DK’s covid toll mounted to 4,811. The district also recorded eight new covid-related deaths. The death toll mounted to 123. 

Among the 199 new cases are 31 primary contacts, 73 with influenza-like illness (ILI), and 10 with severe acute respiratory illness (SARI). As many as 83 cases are under investigation. Two of the patients have international travel history.

Eight deaths:

A 71-year-old man from Mangaluru, who was admitted to a private hospital on July 19, passed away on July 23. He was diagnosed with ARDS/multiorgan dysfunction, chronic renal disease, diabetes, and hypertension. His throat swabs tested positive for covid-19. 

A 70-year-old man from Mangaluru, who was admitted to a private hospital on July 20, passed away on July 24. He had developed sepsis, chronic kidney disease, lower respiratory tract infection, and other ailments. 

A 55-year-old man from Puttur was admitted to a private hospital on July 23, and passed away a day later. He was diagnosed with septic shock with acute kidney injury with severe metaboic acidosis. 

A 56-year-old man from Mangaluru who was admitted to a private hospital on July 20 passed away on July 24. He was suffering from acute respiratory distress syndrome, multi-organ dysfunction syndrome and ischemic heart disease.

A 72-year-old man from Mangaluru who was admitted to a private hospital on July 18 passed away on July 24. He was suffering from refractory hypoxemia/refractory ARDS, septic shock, secondary bacterial infection, renal failure, acute coronary event, and other ailments. 

A 45-year-old woman from Mangaluru who was admitted to a private hospital on July 24 passed away the same day. She had been diagnosed with metastatic carcinoma of right lung and pneumonia. 

A 55-year-old man from Mangaluru who was admitted to a private hospital on July 21 and passed away on July 24. As per the district bulletin, he was suffering from refractory hypoxemia/refractory ARDS, septic shock, secondary bacterial infection, renal failure, acute coronary event, and other ailments.

A 70-year-old man from Mangaluru suffering from severe pneumonia with ARDS, multiorgan dysfunction, sepsis, chronic kidney disease and hypothyroidism was admitted to a private hospital on July 24 and passed away the same day.

Though the above patients contracted coronavirus, the exact cause of their deaths is being investigated by a team of experts and their report is awaited.

Udupi

The district recorded 170 new covid-19 cases and the total confirmed cases mounted to 3,388. Among the new cases, 86 are in Udupi, 31 in Kundapur, and 52 in Karkala. They include 106 male and 63 women. As many as 2,133 patients have been discharged so far, and 1,241 cases are currently active. 

The district also recorded two covid-19 related deaths – a woman and a man. One is a 63-year-old resident of Byndoor and the other is from Udupi's Indiranagar area. Both had been admitted to the ICU of a private hospital. 

Byndoor resident passed away on the night of Saturday July 26, the Udupi resident died on Sunday. The last rites of both the deceased were conducted as per protocol.

Bengaluru, Mar 3: Chief minister BS Yediyurappa on Monday introduced the Karnataka Municipalities and Certain Other Law (Amendment) Bill, 2020, in the assembly to give voters the opportunity to reject candidates in civic polls.

The bill, if passed, will enable election officials to offer the NOTA option in the elections to municipal corporations on the lines of assembly and Lok Sabha polls.

An amendment bill which seeks to enable the government to set up a separate university for the districts of Raichur and Yadgir was also tabled. The government said the workload of Gulbarga University necessitated creation of a separate university for the two districts, a move that will also help reduce regional imbalance in Kalyana Karnataka region.

Another amendment bill seeks to allow industrial units, which have failed to start operations on allotted land after seven years, to sell off the parcels to another unit. Bills which empower authorised agencies to regulate turf clubs and horse racing and regulate salary and pension of teachers in higher education institutions were also introduced in the assembly on Monday.