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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.

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.

Bengaluru, Jul 24: A government doctor who was turned away by three private hospitals because he could not produce a coronavirus test result passed away today in Bengaluru. Dr Manjunath, who was a frontline COVID-19 doctor, was allegedly turned away by hospitals when he was extremely ill and struggling to breathe.

Dr Manjunath worked in the state Health and Family Welfare department and was based in Ramanagara district, around 50 km from Bengaluru.

D Randeep, a Special Officer with the Bengaluru municipal body BBMP, said that the hospitals that had refused to admit Dr Manjunath would be reported to the health department.

In June-end, Dr Manjunath went to Rajashekhar Hospital in JP Nagar, BGS Global Hospital in Kengeri and Sagar hospital in Kumaraswamy Layout. All three demanded to see his COVID-19 test result but those were still not in at the time, according to his family. His brother-in-law Nagendra is also a doctor with BBMP and in charge of allotting hospital beds, yet he was completely helpless when it came to his own relative.

He was finally admitted to Sagar hospital on June 25 when his family sat in protest on the footpath outside the Dayananda Sagar campus. He was placed on ventilator and later shifted to the Bangalore Medical College and Research Institute, where he died earlier today. The hospital says Dr Manjunath was discharged on July 9 because he wanted plasma therapy.

Six members of his family, including a 14-year-old, tested COVID-19 positive. Most of them have recovered.

Bengaluru has seen several cases of patients being turned away from hospitals in the city. Hospitals say they need Covid test results to know whether to admit patients in the coronavirus ICU or in the general section and to understand treatment protocol.

Mr Randeep said hospitals have been instructed to admit patients even without such a certificate. Notices have been sent to hospitals that fail to comply. The OPD of two private hospitals was sealed for 48 hours when they refused to admit a patient.