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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.

Udupi, Jul 15: Two doctors and four staff members of the Udupi District Hospital have been tested positive for coronavirus.

While one doctor is undergoing treatment at the designated covid hospital, the other one, who is said to be asymptomatic, is being treated at his residence.

After four staff members of the hospital tested covid positive, the throat swabs of their contacts including other staff of the hospital and family members were also sent for testing. 

Meanwhile, a person who was undergoing treatment in the district hospital for some other ailment also tested covid positive triggering panic among other non-covid patients.

Bengaluru, Jul 24: To condemn violence on healthcare workers and to voice issues concerning medical fraternity, Karnataka Association Of Resident Doctors (KARD) has called for a nationwide symbolic protest from July 24.

"In order to condemn violence on healthcare workers and to voice all our issues, we have called nationwide symbolic protest from July 24. We will protest symbolically by wearing black bands, across the state and have sought support from residents pan-India," KARD said in a statement.

"We, the resident doctors of Karnataka have been undergoing various difficulties while executing our duties during the COVID-19 pandemic," it added.

"Arrest and legal action against culprits involved in K.C General hospital incident. Arrest and legal action against culprits involved in Belgaum incident. Condemnation of atrocities on doctors in Bidar and action against the official. Ensuring safety protocols at all hospitals and COVID care centres with adequate security and police personnel," KARD demanded.

"No hierarchy in a pandemic"- common work pattern for all doctors irrespective of hierarchy/cadre. Immediate release of funds for a stipend for an already sanctioned hike. COVID duty and night duty allowances. Ensuring an adequate supply of N-95 masks, face shields, surgical gowns in all non-COVID working areas. An adequate supply of good quality PPEs for all COVID working areas," KARD demanded.

Earlier, the nurses of Karnataka Institute of Medical Sciences (KIMS) in Hubli called off the protest after receiving assurance from Nitish Patil, the Dharwad district Deputy Commissioner (DC).

The protest was staged on Wednesday afternoon in front of KIMS by nurses who alleged that the administration had not provided adequate Personal Protective Equipment (PPE) kits, masks and sanitary facilities amid the COVID-19 pandemic situation.