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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.

Bengaluru, Jun 18: Karnataka Public Service Commission (KPSC) was reprimanded for withholding information, sought by a candidate regarding an examination held in 2005 for Gazeted Probationary posts, by the State Information Commissioner here on Thursday.

According to official sources, the State Information Commissioner NP Ramesh, while disposing off a petition by the candidate, who had written an examination conducted by the KPSC for the gazeted probationary posts held in 2005, had directed to provide the information sought by the candidate, free of costs within ten days.

The State Information Commissioner in his order had termed the conduct of the KPSC as against the spirit of transparency among the public authorities.

Bengaluru, Apr 14: The Karnataka government has decided to adopt “remote monitoring” of COVID-19 positive patients in order to ensure the safety of healthcare professionals - the frontline warriors against the pandemic.

Two doctors treating COVID-19 patients tested positive recently and in to check such instances in future, the Department of Medical Education is planning remote monitoring, which reduces doctors’ exposure to patients.

Medical Education Minister Dr K Sudhakar has consulted some of the doctors in the United States who are already using this technology to treat the COVID-19 positive cases. The minister is also having a meeting with representatives of some of the companies which provide such technology.

“I spoke to a team of epidemiologists and heads of certain departments at the United States to know about the remote monitoring technology they are using. I am also meeting the representatives of a few such companies which can provide us with the technology at our hospitals,”  Dr Sudhakar said.

Track state-wise coronavirus cases here

The minister added, “We have heard reports of many doctors and other health professionals succumbing to COVID-19. We don’t want to take risk.” Explaining the technology, Dr Sachidanand, Vice Chancellor of Rajiv Gandhi University of Health Sciences said that remote monitoring uses a software with which specialist doctors can monitor health condition of patients and treat them by not getting exposed directly.

The presence of all the doctors in COVID-19 is not necessary when patients are monitored remotely.