SC stays K'taka HC order granting bail to 21 PFI members accused of violence during anti-CAA protests

Wayanad, April 7: The Kerala government has allowed people from border villages of Karnataka and Tamil Nadu to use medical facilities at Wayanad.

"We have opened our borders to people from neighbouring states who require medical facilities in Kerala. Twenty-nine people from Bairakuppa in Karnataka have used medical facilities in Wayanad and 44 from Tamil Nadu," Kerala Chief Minister Pinarayi Vijayan said on Monday.

Bairakuppa, a small village in Karnataka, is separated by the river Kabini from Wayanad district and the residents there depend on the healthcare facilities available in Wayanad.

Speaking to news agency, Adeela Abdulla, District Collector of Wayanad, said that instructions have been issued to allow people from neighbouring states of Karnataka and Tamil Nadu, who need medical facilities, to cross the border.

"Right from the start of the lockdown, we have not restricted individuals from Bairakuppa region in Mysore district to use the medical facilities in Wayanad as people in that region depend on medical facilities in Wayanad," she said.

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.

New Delhi, Mar 21: Karnataka Health and Family Welfare Minister B. Sriramulu on Saturday informed that one more person was tested positive for the coronavirus in the state.

He said that a total of 16 persons have been tested positive for COVID-19 in the state so far.

The victim had come from Mecca and was kept in quarantine facility by the state authorities.

"For a 32-year-old man, who had just returned from a trip to Mecca has found COVID-19 positive. The infection has been confirmed. He has already been treated at an isolated ward of the hospital. Citizens must not have any sort of anxiety," tweeted Sriramulu.

Also, the news and public relations department, the Indian Red Cross Society and the Karnataka State Labour Studies Institute have invited volunteers for the programme to provide real-time information to people to avoid spreading rumours and misinformation about coronavirus.

At least four volunteers will work in four shifts per day in each taluk of the state. There are about 120 volunteers in Bengaluru city and about 3,000 Corona Warriors are expected to register from across the state. Over 400 volunteers have registered via online application on the first day.