‘Godse attended RSS event in Karnataka before killing Mahatma Gandhi’

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 4: A young woman doctor at the Kempegowda Institute of Medical Sciences, Bengaluru, who had raised an alarm about faulty PPE kits and shortage of N95 masks, has tested positive for the covid-19.

Taking note of this, Mysuru-Kodagu MP Pratap Simha brought the issue to the attention on Medical Education Minister Dr K Sudhakar on Twitter. Tagging the minister, the MP tweeted, “For your information and I feel, it is a genuine concern.” “Amulya Gowda treated Covid patients at KIMS.

Karnataka Medical Association took to social media to express concern over the development. In a Facebook post it wrote: "Amulya C Gowda is a frontline worker who risks her life every single day. Last week she raised an alarm about faulty PPE kits and shortage of N-95 masks. But the Administrative Medical Officer (AMO) at KIMS, shunned and chastised her for raising this issue. Ever since, she has been buying her own N-95 masks. Today, she tested positive for Covid-19 and appealed to the Hospital authorities and raised her genuine concerns over the faulty protective gear, but she was again harassed and humiliated for raising the issue."

Dr DH Ashwath Narayana, Medical Superintendent, KIMS Hospital, said that all PPE kits at KIMS were certified by SITRA (South India Textiles Research Association), Coimbatore and that they had purchased N-95 masks available in the market. "One cannot claim faulty PPEs are the reason for testing positive. We have purchased whatever PPE kits are available in the market. Healthcare workers across hospitals, private and government, and policemen are also getting infected."

As the new rules by the state government allow healthcare workers home isolation, Narayana said the doctor is recuperating at home and that she is doing fine.

Medical education minister Dr K Sudhakar tweeted, "Doctors are our frontline warriors battling the pandemic. Government has taken all necessary measures to ensure safety of our doctors. I have taken note of supply of defective masks and PPE kits to KIMS doctors and ordered an enquiry. Management will be held responsible if found guilty."