Hindu Mahasabha celebrates Gandhiji's death anniversary

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, Mar 23: The coastal district of Dakshina Kannada including the city of Mangaluru today refused to return to normalcy from yesterday’s Janata Curfew, as the government imposed lockdown in the district till the month end to contain the Covid-19 caused by the deadly novel coronavirus.

The lockdown coupled with the prohibitory orders under Section 144 has forced all the commercial establishments barring few to remain closed in the district.

The police started issuing stern warning to the people through loudspeakers against venturing out of their homes unnecessarily. People are allowed to move only in case of any emergency or basic needs.

The police warning came after a few people started ignoring the lockdown and ban orders. A few private buses also were seen plying on the roads in the morning.

Under the proibitory orders, the district administration banned from venturing out of their homes except in case of emergency or extreme necessity. All public programmes including religious ceremonies, cultural programmes also are banned. All shops, commercial establishments, workshops and godowns with other unessential goods are supposed to remain closed. Bus service, both government and private, are to suspended. Mass prayers and religious ceremonies are not allowed in temples, mosques and churches. Beaches and other tourist spots are closed.

Udupi

The lockdown in 9 districts of Karnataka has forced many private buses in Udupi to stay off the roads for second day on Monday. Some buses plying between Udupi to Kundapur have resumed service a day after Janata Curfew, with very minimum occupancy.

Due to lockdown in Dakshina Kannada, all services operating from Mangaluru to Udupi, Manipal, and Kundapur have been suspended till the month end. Buses on Karkala-Udupi route have also stopped their operations.

Bengaluru, May 3: The Commissioner of Health and Family Welfare Services in the government of Karnataka KA Dayanand issued an order approving quarantine of asymptomatic COVID-19 infected international passengers on payment basis at star hotels.

The international passengers in the state have been categorised into A, B and C groups depending on their symptoms and co-morbid conditions. Category A passengers are symptomatic and are being sent to isolation hospitals which may be COVID care centres.

Category B and C passengers are asymptomatic and are being sent to institutional facilities like hostels, guest houses, hotels, etc.

"On the basis of demands by category B and C passengers to provide them star hotel accommodation on a self-payment basis, they have been granted the choice of staying in those hotels at their own cost. The BBMP Special Commissioner/Deputy Commissioner can have a meeting with such hotels and finalise the negotiated rate," Commissioner Dayanand said in the order.

"The hotels for category B passengers should have round the clock presence of health personnel while hotels for category C passengers should be visited by health staff once a day," he added.