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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.

Kalaburagi, Apr 9: An FIR has been lodged against the management and staff of Bahamani Super Speciality Hospital here in Kalaburagi allegedly for not following procedures meant to deal with COVID-19 and hiding details of patients with coronavirus symptoms, said District Deputy Commissioner Sharath B on Wednesday.

The district family welfare department official and nodal officer of KPME Kalaburagi took cognisance of the reports that the private hospitals in the district are not informing the government about patients having COVID-19 symptoms and they are only reporting about such cases at the last moment.

"It has come to our light that some private hospitals in Kalaburagi city are hiding information about the patients who are having COVID-19 like symptoms and these cases are not being reported on time to us," said the District Deputy Commissioner.

"We verified the records of these hospitals and it is clear now that they are revealing the serious cases in the last moment when the treatment has not given any help to patients. Only then such cases are bringing to ESI hospital in Kalaburagi. We have taken steps to quarantine the entire staff member of Bahamani hospital. We have taken legal steps against them for non-compliance of the orders issued to them and for not reporting this matter to us at the earliest stage," he said.

A case has been registered under the Disaster Management Act, 2005 column 51, 58 and sections 269 and 188 of the Indian Penal Code.

He further said that two new cases were reported positive on April 8 and one person has succumbed to the infection because he was having a severe respiratory infection.
He appealed to everyone to strictly follow lockdown restrictions and not violate Section 144 at any cost.

Speaking about the attacks on Accredited Social Health Activist (ASHA) and Anganwadi workers, who were given a task to collect travel details of locals in view of coronavirus crisis, Sharath said: "Some of the health workers, ASHA and Anganwadi workers, who have been given a task to going from door to door to verify health status were troubled unnecessarily, saying that they have come to collect data for NRC and NPR."

"They are doing a survey on behalf of the district administration as they have to gather travelling information so that a person can be quarantined to contain COVID-19 spread. There has been an attack, a case has been registered in this regard," he said.

Mangaluru, Mar 4: Fifteen Iranian fishermen, arrested for illegally entering Indian waters, were shifted from Mangaluru to Central Prison Bengaluru at Parappana Agrahara recently.

 On October 21, coast guard officials intercepted two fishing vessels near Gayathri island, about 168 nautical miles off Mangaluru Coast and took into custody 15 crew members after they failed to produce necessary documents.

While one of the boats capsized after developing a technical snag, the other boat was brought to Mangalore Port.

On the basis of a written complaint lodged by Indian Coast Guard (ICG) Deputy Commandant Kuldeep Sharma, Karnataka State Coastal Security Police (KSCP) station in Mangaluru filed case against the 15 Iranian fishermen under Maritime Zone of Indian Act 1981.