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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.

Shivamogga, Jul 24: The protest by Accredited Social Health Activists (ASHA) under the All India Trade Union Congress (AITUC) entered its 14th day on Friday demanding personal protective equipment (PPE) kits and a salary of at least Rs 12,000 per month.

They have been protesting in different parts of Karnataka since July 10.

Staging a protest in front of the deputy commissioner's office, the ASHA workers complained of the government turning a deaf ear to their problems.

Clad in their signature pink saris, they raised slogans to demand appropriate salary for their work and the necessary equipment to protect them from the ongoing COVID-19 outbreak. 

They said that they worked tirelessly during the COVID-19-induced lockdown without any safety. The department only provided them with sub-standard equipment to combat the deadly virus. All they were asking for is a basic pay of Rs 12,000 against the current pay of Rs 6,000.

Prema, an ASHA said, "The authorities are praising our work, clapping for us and showering flowers on us but are not listening to our grievances."

Mangaluru, May 17: Former health minister U T Khader demanded that the authorities carry out a scientific analysis of the five deaths that occurred due to Covid-19 in Dakshina Kannada. 

“The number of fatalities vis-à-vis the number of positive cases in the district is worrying, and the district administration and health department should not take the matter lightly. Lapses, if any, in dealing with the co-morbidity factors should be addressed, lest it become a major health challenge,” he warned.

Addressing reporters on Saturday, Khader, said only carrying out such types of analysis will help the health department combat the spread of the novel coronavirus in the future. “At present, the only data available with the health authorities here and in the state war room, is the number of people tested and number of positive cases,” Khader said.

“Any strategy to combat Covid-19 must be built around scientific analysis of causes of how the disease is spreading and to do so, concrete efforts must be made to find the source of the cluster at the First Neuro Hospital in Padil. A analysis of reasons that caused the deaths, will also come in handy for the authorities to prepare suitable advisories for the people, who in turn could take informed decisions,” Khader noted.