Karnataka diverted Mahadayi water, its flow in Goa hit: Pramod Sawant

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, Apr 13: Karnataka chief minister B S Yediyurappa on Monday said the COVID-19 situation has thrown the state into a deep financial trouble and there is a need to to find ways to overcome the present crisis, as he announced certain measures aimed at resource mobalisation.

He said the state government was awaiting guidelines from the Centre regarding the implementation of lockdown during the next two weeks, and noted that discussions were on regarding relaxations on the sale of liquor and the decision will be taken after April 14.

Yediyurappa on Monday held a meeting with officials of various departments along with his cabinet colleagues and the chief secretary.

"The possible situation once the lockdown is released, was widely discussed in the meeting. Discussion was also held about the financial situation of the state government and how to mobilise resources. Many suggestions were given and it was decided to implement those suggestions," the Chief Minister said.

Speaking to reporters after the meeting, he said, "...the COVID-19 situation has thrown our state into deep financial trouble and there is a need to to find ways to overcome present financial crisis."

Yediyurappa said it was decided to speed up the disposal of cases related to regularisation of unauthorised constructions which are pending before the High Court and Supreme Court, during the meeting.

"If the court decides the matter, thousands of people who own unauthorised houses will be relieved," he said, adding that this will also help government in mobilising resources for fund starved development works.

He said in addition to this the government is planning to auction more than 12,000 corner sites lying idle in Bengaluru, and it was also decided to allow auction of corner and vacant sites in respective urban development authorities across the state.

"By auction of corner sites in Bengaluru, we plan to mobalise about Rs 14,000-15,000 crore. BDA is preparing for it, only if we get good market value we will sell or else no," he added.

It was also decided to amend the law governing permission to allow sites in private and co-operative housing societies, the Chief Minister further said, adding that hundreds of societies were waiting for approval from government for releasing the sites.

Yediyurappa said it was decided to use Rs 1,000 crore available in Rajiv Gandhi Health University to upgrade medical college hospitals.

It was also decided to distribute free milk to slums and poor for one more week, the Chief Minister said while appealing to sugar factory owners to clear the pending payment to the tune of Rs 2,834 crore to farmers in 11 districts.

The government has also released Rs 45 crore compensation for the loss of paddy crop in Raichur and Koppal District due to hailstorm based on report submitted by Deputy Commissioners, he added.

Responding to a question, Yediyurappa said, still no guidelines have come from the Centre on lockdown implementation for next two weeks, we are waiting for it.

Once the guidelines come it will help us to speed up the process of lockdown, and also relaxations if any.

Asked what plans does the government have if states are asked to decide on relaxation, he said, already Prime Minister has said that guidelines will be given, if they say on certain matters states can take decision, we will decide on what needs to be done to improve the state's economy.

To a question on relaxation on sale of liquor through Mysore Sales International Ltd (MSIL) outlets, he said, discussions are on, after April 14, we will take decision in this regard.

Bengaluru, Apr 9: The Karnataka government is currently engaged in discussions with experts, specialists and other stakeholders to decide on its lockdown exit strategy and would take a final view by April 13, a key Minister said on Thursday.

"Day after tomorrow we have a VC (videoconference) with the Prime Minister," Medical Education Minister Sudhakar K, who is in-charge of all matters related to COVID-19, noted when asked about the States strategy.

He said a task force of specialist doctors on Wednesday submitted its report to the government, giving its recommendations.

"We are meeting lot of stakeholders of the society taking their views," the Minister said, adding, the Cabinet would also hold discussions.

"Finally, day after tomorrow, after discussing with the Prime Minister during the VC, the government will take a view on this by April 13 or so. As of now, we have not taken any view on it. We are studying all the reports," Sudhakar told PTI.

The Minister observed that the COVID-19 cases were slowly spiking in India but not multiplying the way they have in some other countries like Italy, Spain and the United States as the government had declared 21-day national lockdown early and taken other strict measures. "Let's see for one week and see."

"We need to fight this out collectively and by strictly following the quarantine methods and social distancing," Sudhakar stressed.

The Chief Minister B S Yediyurappa had on Wednesday said his government was in favour of lifting lock-down in districts which remained free from COVID-19 after April 14 subject to approval from the Centre.

"If the Prime Minister suggests to States to take decision (on lock-down) based on the situation in their respective States, my position is to take a call (on roll- back) in districts free from COVID-19," he had said.

"This is to allow people to go about their business and move about within the district and not from one district to another, after April 14, after taking the approval of the Prime Minister."

According to State officials, as many as 12 districts continue to remain free from COVID-19.

The task force has recommended continuation of lockdown at "hot spots" beyond April 14.

It has suggested that schools and colleges be shut till May 31, while non-air-conditioned shops can be opened.

Also, IT/BT companies, government offices providing essential services and factories can function with 50 per cent staff, the task force said in its recommendations for 15-day period after April 14.