Modi govt directly responsible for Bengaluru violence: Hindu Mahasabha

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 19: Senior JDS leader H D Kumaraswamy on Sunday advised the Karnataka government to utilise the services of private medical colleges in treating Covid-19 patients, by taking them into confidence, instead of threatening them with license cancellation for not complying with directives.

He also said a concentrated effort should be taken in the fight against coronavirus. "It was wrong for any hospital to deny treatment. It is also not correct on part of the government to threaten the private medical colleges with cancellation of their licence for that reason. It won't be of any help at this time of medical emergency.

Remember that MCI has the authority to cancel licenses, not government," Kumaraswamy tweeted. "Instead of showing fury on private medical colleges at such a time, concentrate on taking their service by taking them into confidence. Look into their needs. I urge for a concentrated fight against coronavirus," he added.

Chief Minister B S Yediyurappa had on Saturday convened a meeting with Private Medical College Hospitals regarding Covid management and directed them to provide 50 per cent of the beds as promised.

In another tweet, Kumaraswamy said the notice being put out by local administrations in front of coronavirus patient's house is leading to new age social discrimination and untouchability.

To ensure that infected patients and his family leads a respectable life, such a practice has to be dropped immediately. "..... instead health workers should be sent to their houses to educate and instill confidence in them," the former CM added.