Policeman suspended for alleged atrocity on DYFI activist Riyaz

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.

Kochi, Mar 30: Kerala High Court, while hearing a petition filed against Karnataka's decision to block the border with Kerala, on Monday said that no lives should not be lost in the name of fighting coronavirus.

Kerala High Court also said that "the current problem should be resolved amicably. Both the Union government and the Karnataka government should rise to the occasion."
The Central government has informed Kerala High Court that the movement of goods and medical services qualify under essential services, which is permitted despite the lockdown, and added that directions have been issued to give priority to the movement of such goods and services.
Meanwhile, the Karnataka government has sought a day's time to clarify their stand.

The matter will be taken up for further hearing via video conference tomorrow.
Kerala government has submitted that the action of Karnataka government to close the border is illegal as all the national highways in the country come under the jurisdiction of the National Highway Authority.

Meanwhile, Congress MP Rajmohan Unnithan has also approached the Supreme Court seeking directions to open the Karnataka-Kerala border to allow movement of ambulances and other emergency vehicles for the transport of essential items to Kerala.

Bengaluru, Jul 19: Karnataka Chief Minister B S Yediyurappa convened a meeting with Private Medical College Hospitals on Saturday to assess COVID-19 management and directed them to provide 50 per cent of the beds, as promised, with effect from Sunday.

The chief minister said that private medical college hospitals need to cooperate as there is a sharp rise in COVID-10 cases in the city. He further said that it has come to the notice of the government that some institutes are denying treatment of COVID-19 as well as non-COVID patients.

The chief minister expressed his concerns over media reports stating several people died as they didn't get timely treatment due to denial from the hospitals. He said that Bengaluru should continue to lead the country as a role model in COVID-19 management.

During previous meetings, private medical colleges had agreed upon providing around 4,500 beds, which would make the total beds available in government and private medical colleges 6,500.

The chief minister expressed dismay over some colleges not providing the number of beds as promised and also about certain lacunae which were noticed by ministers during their visit.
During this emergency situation, we should show humanity. COVID and non-COVID patients shall not be denied treatment and the balance in healthcare system shall be maintained, he advised.

He assured them of all support, including providing doctors and nurses if need be.
The private medical colleges had assured to provide 50 per cent of beds and some colleges offered 80 per cent of the beds for COVID treatment.

Nodal officers have already been appointed to monitor the availability of beds in these medical colleges.

It was decided to issue a notice to Vaidehi Medical College for their absence in the meeting.