Muslim fans of Pejawar seer take out Horekanike, offer food for Paryaya

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 16: Karnataka Medical Education Minister K Sudhakar on Thursday paid a surprise visit to the C V Raman Hospital in Bengaluru and urged the administration to follow COVID-19 guidelines properly. He also took stock of the hospital's preparedness to fight the deadly virus.

The minister noticed a number of flaws and warned the hospital to go strictly by the guidelines. He saw that despite 15 high-flow oxygen beds lay vacant, only two patients were admitted. He then asked the hospital to send asymptomatic and mildly symptomatic patients to COVID-19 care centres so that beds were available to those who need these.

"Doctors' profession is a noble one and in a situation like this everyone should perform their duty with utmost humanity and compassion. During this crisis, we should all be kind and empathetic," the minister said. He also ordered the suspension of two officials for not following the guidelines and not giving the right treatment to patients.

He noticed that the hospital lab collected less number of swabs and instructed them to collect a minimum of 500 swabs per day. Pointing out the under-utilised beds and ICUs, he observed that because of such negligence by officials, the government is being blamed despite working day and night for the past four-five months.
During this visit, the minister also interacted with the patients through video call and enquired about the services provided to them by the hospital.

"Surprise visits will continue. I will be in touch with every lab and get the right number of tests done on a daily basis," the minister said while speaking to the media.

He also urged the people who have recovered from COVID-19 to donate their plasma to save other lives, adding that donors will receive a reward of Rs 5000 as a token of appreciation.