‘Reports about annulment of institutional quarantine for international passengers in Mangaluru are baseless’

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.

Bengaluru, Apr. 10: Karnataka Congress leader DK Shivakumar on Thursday appealed to party workers to save the lives of people of the state and show solidarity with the people in need amid the coronavirus lockdown.

"Humble appeal to Congress party workers that the time has come to do our best to save the lives of people of Karnataka. Hospitals across Karnataka are running short of blood. This is a call for able-bodied to volunteer & donate blood. Let us show solidarity with people in need," Shivakumar tweeted.

With 16 fresh COVID-19 cases reported in the last 24 hours, the total number of confirmed cases in Karnataka reached 197 on Thursday, according to the state's Health Department.

India's total COVID-19 cases rose to 5,865 on Thursday, with 591 new cases reported in the last 24 hours, according to the Ministry of Health and Family Welfare.

Udupi, Jun 30: The novel coronavirus has claimed another life in the coastal district. The throat swabs of a 48-year-old man who breathed his last two days ago tested positive today. 

With this, the covid-19 death toll in the district rose to 3.

The man, who was a native of Kalthodu in Byndoor, had returned from Mumbai on June 2. He breathed his last on June 28 at his residence. 

The deceased’s swabs were collected on the same day. The report came today. He was reportedly suffering from some illnesses.

The funeral of the deceased was held as per protocol. The swab samples of primary contacts of the deceased were also taken.