Priest booked under SC/ST Act for assaulting student, insulting his caste

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.

Thiruvananthapuram, Feb 6: The Kerala government on Wednesday said three foreign nationals were among the 2,528 people under observation in the state for the novel coronavirus infection and no new cases have been reported.

At least 93 people with minor symptoms of the virus have been lodged in isolation wards of various hospitals, state Health Minister KK Shailaja told reporters in Thiruvananthapuram.

India's three positive cases for the virus has been from the state's three districts of Thrissur, Alappuzha and Kasaragod.

All the three are students of China's Wuhan university, the epicentre of the virus.

"No new cases of coronavirus has been detected in the state today. At least 2,435 are under observation at home while 93 are in isolation wards at various hospital across the state," Mr Shailaja said.

The minister also said two foreigners have been quarantined in Ernakulam district and one foreign national at Thiruvananthapuram.

"The foreigner in Thiruvananthapuram has been kept at general hospital but not because he was showing symptoms but for observation as he travelled from China," an official said.

The health status of the three patients, who had tested positive for the virus, "remains satisfactory", the minister said.

After three cases were reported, the Left Democratic Front (LDF) government had declared the epidemic as a "state calamity" on Monday.

The health department has issued advisories to the education, tourism and the animal husbandry departments on taking precautions.

"The students, teachers, other staff members residing with families of Wuhan/China returnees who are already in home isolation should not attend classes...," an advisory issued to the education department read.

Rajan Khobragade, Principal Secretary (Health), said the health department has directed the District collectors to hold a meeting with the religious leaders of the district to create awareness during prayer meetings.

"We have directed district collectors to meet religious leaders and talk to them about the seriousness of the situation and create awareness among them and their followers on how to contain the spread of virus," the minister said.

Mr Shailaja also said the department got messages from some Kerala students studying in China, who returned to the state after the virus outbreak, that their Universities had asked them to return and attend classes.

"We have got some messages from the students that they were being recalled by the universities in China. We discussed the matter and it was decided that the centre will contact such universities and convey the message that it was not possible to send the students back to China until the epidemic was under control," the minister said.

Mr Shailaja also said even though there were no positive cases for the second consecutive day on Wednesday, the state needs to remain vigilant and reiterated the 28 days quarantine period for those returning from China.

Of the 2,528 people under observation, the maximum number is from Malappuram (383), followed by Ernakulam (333), Kozhikode (306) and Thrissur (241).

Bengaluru, May 27: Amid uncertainty caused by the Covid-19 pandemic, which has disrupted school education in Karnataka, the state government is seeking the help of the Union Ministry of Information and Broadcasting to televise classes, a state minister said on Tuesday.

"We request you to provide minimum three channels on the Doordarshan network exclusively for the Department of Public Instruction, Government of Karnataka," Primary and Secondary Education Minister Suresh Kumar said in a letter to Union I&B Minister Prakash Javadekar.

Suggesting co-branding the channels under DD and the state education department, he asked for the channels to be mandatorily transmitted by the cable and DTH operators under the Cable Act.

The state education department has already discussed with Prasar Bharti officials, who, according Kumar, have assured 3+3 hours of timeslots on the education channel Chandana on cost basis.

"We have also made all the necessary arrangements for content creation by the teachers," he said.

Meanwhile, the minister has revealed that television is the best medium for the students as a home learning mode in these challenging times.

"The department of public instruction reviewed various technological options and considered TV as one of the best means for home learning," Kumar said.

In a survey conducted by the education department, it was found out that 95 per cent households had television sets.

Kumar said the state operates government schools in nine languages, including Kannada, English and Urdu.

"To cater to all the students, and considering a long-term strategy to run schools by maintaining social distancing, we are in immediate need of minimum three exclusive channels to teach through TV," he said.

According to Kumar, the Karnataka government is facing hardships to meet the capital expenditure requirements, hence, it is seeking help from the I&B Ministry.