First 'Sunday curfew' gets underway in Karnataka

Kottayam, Mar 16: A trial court in Kerala  on Monday dismissed a discharge petition filed by Bishop Franco Mulakkal, in connection with the case of alleged rape of a nun in which he is the prime accused.

In his plea filed before the Additional District and Sessions Court I, Mulakkal had claimed that prima facie there was no case to frame charges against him.

Dismissing the plea, the trial court said the bishop should stand for trial in the rape case.

The bishop's lawyer said an appeal would be filed in the High Court against the trial court order.

The prosecution had filed its objection to the plea filed by the bishop, accused of raping and sexually assaulting a nun of the same diocese.

The bishop had filed the plea just ahead of commencement of the preliminary hearing on charges against him in January this year.

The case is based on a complaint filed against the bishop by the nun.

In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation Team which probed the case, has been charged with wrongful confinement, rape, unnatural sex and criminal intimidation.

Bengaluru, Jul 9: Alarmed over surging COVID-19 cases, the Karnataka government has decided to divide this tech city into containment zones to curb the spread of the pandemic, a state minister said on Thursday.

"The city will be divided into red, orange and yellow zones in commensurate with the number of Covid cases in them for containing the virus spread on war footing," Law and Parliamentary Affairs Minister J.C. Madhuswamy told reporters here.

Cabinet ministers representing assembly segments in the city will be in-charge of the zones to ensure the cases are curbed with strict enforcement of lockdown guidelines, especially wearing mask and maintaining social distancing by the people in the confinement areas.

"Chief Minister B.S. Yediyurappa has convened a meeting of ministers, MLAs, MPs and corporators of all the 198 civic wards across the city on Friday to discuss and draw an action plan to contain the pandemic," said Madhuswamy.

With 1,148 positive cases, the city''s Covid tally rose to 12,509 and active to 10,103, while 2,228 were discharged, including 418 on Wednesday, while 177 succumbed to the infection since March 9, with 23 in the last 24 hours.

"The Chief Minister ordered deploying more ambulances in the containment areas where cases have been spiking daily to rush Covid patients to the nearest hospital for immediate treatment," said Madhuswamy.

The city civic corporation -- Bruhat Bengaluru Mahanagara Palike (BBMP) --has increased the containment zones to 3,181 due to more cases spiking, with southern and western suburbs accounting for most infections.

"The containment zones are concentrated more in the city''s southern and western suburbs. Active cases doubled over the last 8 days and shot up to a whopping 12,509 from 4,555 on June 30," an official said.

Refuting graft charges by opposition Congress leader Siddaramaiah in the purchase of medical equipment for treatment of Covid patients, Madhuswamy said the state government had not spent more than Rs 600 crore so far.

"We are running a government. Not a private office. We will give account. He (Siddaramaiah) is welcome to check the accounts and verify the documents," asserted the minister.

In a related development, the cabinet also approved an ordinance to increase the state contingency fund to Rs 500 crore from Rs 80 crore for the Covid-19 induced economic relief measures announced by the chief minister in June.

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.