A Dalit leader should become CM of Karnataka, says Parameshwara

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, May 6: More than a month after international flights have been barred, Karnataka government is preparing to quarantine all 10,823 of the state''s people poised to return home from overseas amid the Covid pandemic, an official said on Tuesday.

"The state has planned to quarantine all 10,823 passengers coming back to Karnataka. The quarantine guidelines framed as below would be applicable," said Health Commissioner Pankaj Kumar Pandey in a statement.

According to the Government of India, 10,823 Karnataka residents have been stranded abroad by April 30, comprising 4,408 tourists, 3,074 students, 2,784 migrants and professionals and 557 ship crew.

Out of the 10,823 people, the state government is expecting 6,100 to return early as the government has decided to allow Indians stuck abroad to return.

"All the passengers arriving at points of entry (airports and seaports) will be compulsorily screened for symptoms of Covid-19," said Pandey.

Point of entry screening will include self-reporting form verification, thermal screening, pulse oximeter reading, briefing with instructions, categorisation, stamping for some and downloading of Aarogya Setu, Quarantine Watch and Apthamitra apps.

Arriving passengers are also required to declare existing comorbidities such hypertension, diabetes, asthma or any lung disease, organ transplantations, cancer, tuberculosis and other ailments.

Passengers will be categorised into three groups: Category A (symptomatic on arrival), Category B (asymptomatic with co-morbidity or aged above 60 years) and Category C (rest of asymptomatic passengers).

Depending on the category into which the people fall, their quarantine place and time will be determined.

Category A arrivals will be subjected to institutional quarantine for a fortnight, Category B one week quarantine at a hotel or hostel, followed by another week at home, and Category C home quarantine for a fortnight.

Karnataka government is making elaborate arrangements and logistical means, deploying healthcare, police and several other departments into action to handle the huge influx of Kannadigas and state residents.

Pandey has issued a 21-page elaborate standard operating procedure (SOP) guidelines on how to face the international returnees.