Now, Gau Raksha Dal members to go on patrol across Dakshina Kannada

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.

Hubballi, Mar 25: The people living in rural areas of North-Karnataka region have become more aware about deadly Corona virus as they are leaving no stone unturned to prevent people of Bengaluru and other metropolitan cities from entering into their villages. People have put thorny plants on all roads at the outskirts connecting their villages and deployed youths to conduct patrolling round the clock till next 21 days.

Their motto is to prevent their own villagers getting infected from the outsiders especially from cities like Bengaluru and other two-tier cities where positive virus cases are on the rise. They have also take precautionary measures in the wake of Chief Minister B S Yediyurappa's call to the people to return to their native places.

Several people have also dug up the roads leading to their villages to block the entry of outside vehicles. They have put a condition to the outsiders to enter into their villages only after proper health check-up to confirm that they are not infected with Corona positive.

"We don't have access to the proper medical care if Corona virus is entered into our village. The Primary Health Centres are not functioning properly and these centers are facing lack of adequate staff and medical equipments unlike in big cities.Therefore, those who have deserted our village to employ in various jobs in Bengaluru and other cities should confirm that they are tested negative for the virus", said Mallikarjun Patil of Kudal village in Hangal taluk of Haveri district. The village has totally banned the outsiders into their village and warned their fellow villagers to return immediately if they have visited to their relatives' homes in neighboring villages to observe 21-day lockdown.

Hundreds of youths in Itanal village of Chikkodi taluk of Belagavi have also resorted to similar tactics and patrolling in all roads at the outskirts by holding sticks to prevent outsiders from entering into their village until April 14.

People of Hunagunti village in Ron taluk and Kotamuchagi village in Gadag taluk have also adopted similar plan by parking tractors at th outskirts to prohibit the entry of outsiders. They have also created awareness in their villages by beating drums urging the people not to venture outside village for next three weeks.

The police officials have resorted to lati-charge at various places in urban areas when people gathered in large numbers to buy essential commodities.

Bengaluru, Apr 23: The Karnataka government on Wednesday promulgated 'The Karnataka Epidemic Diseases Ordinance 2020' that provides the state with a power to seal borders, restrict essential services and punish those attacking public servants and damaging public property.

The Ordinance comes after violence in Padarayanapura when the police and BBMP officials were attacked while they tried to take some secondary contacts of a deceased COVID-19 patient into quarantine on April 19.

The Ordinance, which was promulgated after the Centre's guidelines in this regard, said, "The offender shall be liable for a penalty of twice the value of public or private property damaged as determined by the Deputy Commissioner after an inquiry."

It further said that if the penalty is not paid by the offender, then the amount shall be recovered under provisions of the Karnataka Land Revenue Act, 1964. The Deputy Commissioner can even attach the property of such offender in due course.

Also, abetment of offence would attract imprisonment of up to two years and a penalty of Rs 10,000 or both.

"No person shall commit or attempt to commit or instigate, incite or otherwise abet the commission of offence to cause loss or damage to any public or private property in any area when restrictions and regulations are in force to contain any epidemic disease," the Ordinance said.

Whoever contravenes such provision shall be punished with imprisonment for a term which shall not be less than six months, but may extend to three years and with fine which may extend to Rs 50,000, it added.

On Wednesday, the Centre brought an Ordinance to end violence against health workers, making it a cognisable and non-bailable offence with imprisonment up to seven years for those found guilty.

"We have brought an Ordinance under which any attack on health workers will be a cognisable and non-bailable offence. In the case of grievous injuries, the accused can be sentenced from six months to seven years. They can be penalised from Rs 1 lakh to Rs 5 lakhs," Union Minister Prakash Javadekar briefed media after Cabinet meeting.

Javadekar said that an amendment will be made to the Epidemic Diseases Act, 1897 and ordinance will be implemented.
This comes amid nationwide lockdown in the wake of COVID-19.