Movement and sale of chicken, eggs now allowed despite lockdown

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.

Chikkamagaluru, June 6: The Chikkamagaluru district has become free from confirmed cases of COVID-19.

The last two of the 16 covid patients in the district were discharged today after they were treated and tested negative.

P 2765, a 28-year-old man and P 2766, a 38-year-old man were discharged, said Deputy Commissioner Dr Bagadi Gautham. Nine others were discharged from hospital yesterday.

Till May 22, Chikkamagaluru district had not recorded any positive and had remained a green zone till then.

However, with the influx of stranded people from Maharashtra and Delhi, the district had registered 16 covid positive cases.

 “As on today, there are no active covid-19 cases in the district. However, we should be attentive and take all the precautionary measurers,” the DC said.

The officer has appealed to the public to maintain social distancing in public places and wear masks.

Mangaluru, Apr 1: The rush for purchase of essential commodities has eased in several places in Dakshina Kannada with the relaxation of lockdown from Wednesday between 7 am and 12 noon by the district administration. However, a few markets in Mangaluru still had queues in front of vegetable shops on Wednesday.

Vegetable shops and markets in Mallikatte, Kadri, Bejai-Kapikad, Urwastore, Mannagudda and Carstreet areas were crowded with people violating social distancing norms due to the coronavirus crisis.

To avoid swelling of crowds at Central Market in Mangaluru, the market was opened only for wholesalers to collect vegetables. The entry of public to Central Market was prohibited.

MCC Commissioner Ajith Kumar Hegde Shanady said that retail sale is prohibited at Central Market.

The Surathkal market too has been closed from April and traders from the market are allowed to sell essential commodities at alternative locations from 7 am to 12 noon.