PIL in High Court for preventing religious conversion of SC/ST

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.

Mangaluru, May 4: District Health Officer Dr Ramachandra Bairi on Monday said that a special team, comprising of six members, has been constituted to find the source of Corona infection in Dakshina Kannada .

The team is expected to file its report by May 6. It is still not clear if Bantwal was the source was the infection or not.

He said 1st phase of investigation in this regard is complete and the samples taken on the 12th day will give a clear picture.

Bengaluru, Jul 7: Karnataka Chief Minister B S Yediyurappa on Tuesday held a meeting with a team of officials from the Union Health Ministry in Bengaluru in view of COVID-19 pandemic.

The team of Union Health Ministry officials praised the state's COVID-19 management measures.

Arti Ahuja, Additional Secretary, Ministry of Health, EMR director Ravindran met the Chief Minister during a two-day visit to the state. The team praised the State Government's efforts to gather information and identify co-morbid figures for the control of COVID-19.

During the meeting, it was discussed that in the following days, priority should be given to prevent death from COVID-19 and to provide adequate treatment for symptomatic infections.

In addition, Central team officials suggested that the COVID-19 guidelines should be followed in containment zones.

Officials informed about the steps being taken to treat COVID infected people in the state and stated that the High Flow Oxygen System is being implemented in all district hospitals and taluk hospitals in the state.  The process will be completed by August 15.

Health Minister B. Sriramulu, Medical Education Minister K. Sudhakar, Chief Secretary to Government Vijayabhaskar and other senior officials were present during the meeting.