Nature punished Kerala through floods for eating beef, claims Karnataka BJP MLA

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 15: Karnataka Congress Chief D K Shivakumar on Wednesday urged the Ministers in the state to visit Covid-19 designated hospitals and instil confidence among patients, doctors and medical staff there.

Noting that doctors, nurses and others were doing a great job, Shivakumar said the government has to stand with them and instil confidence in them. Speaking to reporters after visiting Victoria hospital, a major dedicated Covid hospital in the city, he said, "All the Ministers have to go to hospitals and instil confidence in the staff, patients.... they have to remove fear and tell them we will have to live with this (virus), and cannot escape from it."

Shivakumar said he believes that by instilling confidence most part of the diseases can be cured. He lauded doctors, paramedical and other staff working at the Hospital for the sake of patients, putting their own life at risk and appreciated facilities provided there.

During the visit, the state Congress President interacted with patients undergoing treatment for Covid-19, also medical staff and doctors. He said at Victoria hospital patients were allowed to use mobile phones, so that they can speak to family members, which has to an extent instilled confidence among them, and the same has to be replicated across the state.

Not wishing to comment on complaints about the quality of facility and PPE kits provided at the hospital, also alleged misappropriation on part of the government in the purchase of equipment for Covid treatment, Shivakumar said, "....let's see that at Vidhana Soudha (seat of state's legislature)." He said, "this is not the time to talk about corruption and other things, this is not the time for it....instilling confidence among patients, doctors and paramedical staff is important now."

Bengaluru,  Jul 12: In view of the rising COVID-19 cases in Bengaluru, a complete lockdown will be implemented in Bengaluru City and Bengaluru Rural areas from 8 pm on July 14 to 5 am on July 22.

"Essentials such as hospitals, groceries, milk, fruit, vegetables, medicines will be available during this period. In addition, medical and postgraduate examinations will happen as already scheduled," the Karnataka CMO informed.

Chief Minister BS Yediyurappa appealed: "Co-operate with all social security policies, wear masks, and abide by government-issued lock-down guidelines for buying everyday items. Your collaboration is essential to controlling the spread of COVID-19 infection."

"I would like to congratulate all Asha activists, medical and police personnel, officers, volunteers, journalists and all those who work directly and indirectly to control the spread of COVID-19 infection," he added.