Endless ordeal of Abdul Basheer | ‘No land’s man’ now languishes in Mangaluru rehab

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, Jul 17: Karnataka Chief Minister B S Yediyurappa on Friday said lockdown is not the solution for controlling COVID-19 and made it clear that there was no proposal before the government to extend it in Bengaluru.

Bengaluru urban and rural areas are currently under "complete lockdown" since 8 pm of July 14 and it will be effective till 5 am on July 22.

With the spike in cases, speculations were rife that the current lockdown is likely to be extended for 15 days, as that much time is required to break the chain.

"Lockdown is not the solution to control COVID. There is no proposal before the government to extend the lockdown," Yediyurappa was quoted as saying by his office in a release.

The Chief Minister today chaired a meeting with Ministers who have been made in-charge of eight zones in the city and officials regarding the COVID-19 situation in Bengaluru.

Earlier too, on July 13, the eve of the lockdown, Yediyurappa had said the government did not plan to extend it in Bengaluru urban and rural districts, and had appealed to the people to cooperate by not paying heed to rumours.

However, earlier today city Mayor M Goutham Kumar and commissioner of the civic body Bruhat Bengaluru Mahanagara Palike B H Anil Kumar had favoured its extension.

They had said that in their personal opinion, a 15 day lockdown would be good, as that much time is required to break the chain.

The Opposition Congress too had asked for a minimum of 15 days lockdown after taking expert opinion.

"Respected Chief Minister, you have imposed lockdown in Bengaluru, but it is difficult to expect results from this lockdown, which has been imposed just for for the sake of it.

Take expert opinion and enforce strict lockdown in Bengaluru at least for 15 days.

If not, even if God comes,it will be difficult to protect Bengaluru," KPCC Working President Eshwar Khandre tweeted.

Speaking to reporters after attending the meeting chaired by the CM, Revenue Minister R Ashoka said lockdown will not be extended and all activities can resume as usual from July 22.

"Lockdown will not be extended. I'm saying this after discussing with the Chief Minister. There is no such thinking before the government.

CM has got report from the experts, it was discussed in the meeting.

By lockdown we can only postpone things, we have taken that breathing time.

If we continue lockdown it will keep on continuing," he said.

The Minister said the process of sealing places, wherever required, would continue.

He said the plan to conduct more tests was discussed at the meeting and all the required zone wise arrangements would be made

"We also discussed about beds and shortage of ventilators and steps will be taken to arrange for them," he said.

As of July 16 evening, cumulatively 51,422 COVID-19 positive cases have been confirmed in the state, which includes 1,032 deaths and 19,729 discharges.

Bengaluru urban district tops the list of positive cases, with a total of 25,288 infections.

Out of 4,169 fresh cases reported on Thursday, a whopping 2,344 were from Bengaluru urban alone

At the meeting, the Chief Minister said all necessary steps should be taken to clear all the difficulties faced by infected patients in getting admitted to hospitals.

The CMO statement quoted Yediyurappa as directing Ministers to hold meetings with private hospitals to ensure that COVID and non COVID patients get treatment.

Warning of strict action against private hospitals if they don't allocate beds for COVID patients,he said volunteers and nodal officers would be appointed to gather information about admission of such patients and availability of beds

The Chief Minister said rapid antigen tests should be conducted on those dying at hospitals or homes and necessary action taken to hand over the bodies or to conduct last rites as per the procedures, depending on the cause of death.

Recruitment was on to appoint doctors to resolve shortage, he said,adding that volunteers have been identified in each ward for micromanagement and ambulances allocated.

Marriage halls and lodges have been selected in all wards for those not having separate quarantine facilities, Yediyurappa said and stressed on increasing testing.

Deploying extra police force at places where there are chances of people gathering in large numbers, ensuring beds availability and ambulances within two hours of a patient testing positive- with decentralized monitoring, giving priority to those symptomatic above 65-years during allocation of beds were among directions given by the Chief Minister.

Mangaluru, Jul 22: City based APD Foundation has mooted the idea of giving state recognition and compensation for ‘Covid Saviors’, namely healthcare workers and civic officials who die in the line of duty in the war against Coronavirus pandemic. This suggestion was formally proposed by Abdullah A. Rehman, Founder & CEO, APD Foundation in a letter addressed to Shri Narendra Modi, Hon’ble Prime Minster of India and Shri B. S. Yediyurappa, Hon’ble Chief Minister of Karnataka on July 22, 2020.

In the letter Mr. Rehman asserts that COVID-19 pandemic has caused widespread devastation in the country and played havoc in the lives of the common man. In this scenario, the healthcare workers, such as doctors, nurses and paramedics along with civic officials have emerged as the saviors of the suffering humanity. They expose themselves to great personal risk while treating Covid patients. Many of them catch infection and a few of them have died. Such persons deserve to be recognized by the government for their supreme sacrifice.

Elaborating the rationale behind the proposal, the letter draws comparisons with practice of soldiers who die on the battlefield being glorified as ‘MARTYRS’. The slain soldiers are decorated posthumously with medals and titles of honour. Their families are provided with generous cash compensation so that the future of their widows, children and parents are safeguarded. They are provided with allotment of land, lucrative business opportunities like petrol pump / gas agency or reservation in government jobs for their spouse and children.

The letter suggests that healthcare workers and civic officials who succumb in the line of duty should also be similarly honoured. “Hence I propose that healthcare workers like doctors, nurses and paramedics who die while treating Covid patients should be recognized as ‘COVID SAVIORS’. Civic officials who are working for the cause should also be included in this scheme. Generous compensation should be paid to their families so that their future welfare is ensured as if they were alive,” Mr. Rehman has written.

The suggestion has been made in the wake of news reports that the Odhisha State Government has announced compensation of Rs. 50 lakhs and state honours for healthcare workers who die on Covid duty. Similarly the French government has announced a major increase in salary to its healthcare workers. In the same manner India too can provide optimum welfare to its health workers and set an example on the world stage.

“Though Covid pandemic is likely to be a temporary phenomenon, there is a need to recognize the service of those who are helping society to overcome this grave crisis. They inspire confidence in the hearts of the common people in the same manner as soldiers in uniform do. Hence I urge you to accept the suggestions made herein and announce the same at the earliest,” Mr. Rehman concludes in his letter.

Copies of the letter have also been sent to Shri Nalin Kumar Kateel, MP, Mangalore, Shri D. Vedavyas Kamath, MLA, Mangalore and Smt. Sindhu B. Rupesh, IAS, Deputy Commissioner, DK District for their information and follow up action.