Prohibitory orders during anti-CAA protests illegal: Karnataka High Court

coastaldigest.com news network
February 14, 2020

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.

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News Network
June 30,2020

Bengaluru, Jun 30: To instill confidence among its commuters, the Karnataka State Road Transport Corporation (KSRTC) has decided to put stamp on hand of all passengers before they are allowed to board the buses.

In a statement issued here on Tuesday, The decision was taken in the wake of a sudden jump in the number of COVID-19 cases reported from Bengaluru.

The round stamp is, however, different from 'home-quarantine' stamp applied to infected and they were not allowed to travel. Officials said that the measure is aimed at reassuring passengers that those travelling with them do not have symptoms. The left hand will be stamped with an ink which can be washed away by the time they reach home.

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News Network
August 7,2020

Bengaluru, Aug 7: The results of Karnataka Secondary School Leaving Certificate (SSLC) examinations will be announced on Monday, August 10.

Primary Education Minister S Suresh Kumar said, "The results will be announced at about 3 pm on August 10."

This year, over 8.50 lakh students appeared for the exams amidst the Covid-19 pandemic fear across the state.

The department conducted the exams successfully despite resistance from various quarters and pressure to postpone the exams.

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News Network
June 2,2020

Udupi, June 2: The number of positive cases may continue to be more in Udupi district since the results of more than 3,000 samples are pending with Labs.

The district total cases to 260. The figure had seemed far-fetched on May 15, when the number of cases stood at just three. The latest spike has been attributed to the return of migrants from other States as well as from abroad. These samples are from people who returned to the district in the last two weeks.

This delay is because the laboratories testing samples from Udupi are burdened with a high case-load after more than 8,500 people returned to the district, particularly from the neighbouring state of Maharashtra.

"Samples have piled up after the influx of people returning from other states and from abroad," says Dr Prashant Bhat, nodal officer for COVID-19 in Udupi. This delay has caused returnees in institutional quarantine to stay on for as long as 18 days.

The designated laboratory for coronavirus testing in Udupi is Wenlock District Hospital in Mangaluru. The district administration also sends samples to laboratories at the Kasturba Hospital in Manipal, Yenepoya Medical College, Mangaluru, KS Hegde Medical Academy, Mangaluru, and Viral Diagnostic Laboratory in Shivamogga. Apart from Udupi, the laboratory in Manipal is also testing samples from Uttara Kannada district. The laboratory in Shivamogga is also testing samples from Shivamogga and Bijapur districts. The laboratories in Mangaluru, similarly, have samples from Dakshina Kannada district.

Dr Avinash Shetty, Medical Superintendent of Kasturba Hospital in Manipal, one of the private laboratories being used by the Udupi district administration, said that they are testing samples in batches. "We received around 600 samples today and we will be testing them now. The backlog of samples should be cleared in the next few days," Dr Avinash said.

All 73 cases reported in Udupi on Monday were patients with travel history of returning from Maharashtra or patients with travel history of returning from abroad.

In cases of some patients who tested coronavirus positive in the past week, people were released from institutional quarantine after a stipulated period only to be tracked down again and admitted in hospitals after their results returned positive.

While two such cases emerged in Belapu and Belman in the district, the administration is now following up with others who were released from institutional quarantine to ensure they remain in home quarantine till their test results are confirmed.

The spike in cases among returning migrants in Udupi also comes at a time the Karnataka government reduced restrictions on interstate travel.

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