Karnataka Govt’s New Ordinance To Protect COVID-19 Officials Challenged In High Court [Read Petition]
News UpdatesKarnataka Govt’s New Ordinance To Protect COVID-19 Officials Challenged In High Court [Read Petition] Mustafa Plumber24 April 2020 7:27 AMShare This – xA petition has been filed in the Karnataka HIgh Court challenging the Ordinance passed by the Karnataka Government called ‘The Karnataka Epidemic Diseases Ordinance, 2020’, to protect all officials engaged in COVID-19 duty, from physical harm. The petition filed by Advocate G R Mohan is likely to be heard by the court on April 28. The plea states that during the lockdown period…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA petition has been filed in the Karnataka HIgh Court challenging the Ordinance passed by the Karnataka Government called ‘The Karnataka Epidemic Diseases Ordinance, 2020’, to protect all officials engaged in COVID-19 duty, from physical harm. The petition filed by Advocate G R Mohan is likely to be heard by the court on April 28. The plea states that during the lockdown period when Health Workers, doctors and others including police personnel who are trying to identify the persons affected with Coronavirus are attacked for no reasons and several of them have sustained injuries and several properties also destroyed by the anti social elements. One such incident had happened in Bengaluru, in Padarayanapura BBMP Ward. The Central Government has approved the amendment of the Epidemic Diseases Act 1897 thereby making the offence cognizable and non bailable with punishment of imprisonment upto 7 years for attack against Doctors and frontline personnel. However, The Karnataka Government which came out with the new law has diluted the very purpose of the Ordinance by making the offence Section 9 to be ‘Cognizable and Bailable’. By virtue of this the accused persons are entitled to be enlarged on bail for the serious offences being committed by them against the Doctors, Health Workers. The plea says that doctors, Health Officers of BBMP, ASHA workers are doing their jobs like warriors to detect the patients who are affected with the Corona Virus-COVID-19. The Ordinance as it is brought out by the State of Karnataka, does not instill confidence among the health workers. Even the punishment for obstruction of public servant is upto 3 years and with a fine upto Rs.50,000/- whereas the proposed Central Government Ordinance is imprisonment upto 7 years and fine is upto Rs.7 lakhs. Thus the Ordinance promulgated by the State of Karnataka in so far as it provides for bail and lesser sentence of imprisonment is liable to be struck down and that the Ordinance of the Central Government which is yet to receive assent of the President of India should alone been forced in the entire State of Karnataka. The ordinance has come into effect from April 22. Further it prohibits causing damage to public or private property. Whoever contravenes the provision shall be punished with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which may extend to fifty thousand rupees. In addition to the punishment specified the offender shall also be liable for a penalty of twice the value of public or private property damaged and loss caused to the public or private property as determined by the Deputy Commissioner after such enquiry as he deems fit. In case the offender has not paid the penal amount under sub section (1), the said amount shall be recovered under the provisions of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) as if it were to be an arrears of land revenue. The plea prays for a direction to the state to prevail upon the Ordinance being promulgated by the Union of India by way of amendment to Epidemic Diseases Act 1897.Click Here To Download Petition[Read Petition] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
GetUpStudio/iStock(CHICAGO) — A former Chicago police commander who pleaded guilty to stealing more than $360,000 in Social Security payments intended for his dead mother managed to avoid jail time at sentencing on Tuesday.Kenneth Johnson, a 32-year veteran of the force who led the Englewood patrol district his last two years on the force, was sentenced to two years probation and ordered to serve six months of community confinement after pleading guilty to theft of government funds earlier this year.Federal prosecutors had requested that he be sentenced to 18 to 24 months in prison.The sentencing came just a day after Chicago Mayor Lori Lightfoot fired the city’s police superintendent over what she referred to as “ethical lapses” and “flawed decision-making.”Johnson, who often was lauded by the city for reductions in homicides and shootings in his district, retired abruptly in 2018 after it was discovered he’d been collecting monthly Social Security payments intended for his mother, who died in 1994 at age 72.The Social Security Administration said it was never notified of her death, which is why it continued to deposit her monthly Social Security benefits into a joint bank account she shared with her son, prosecutors said.The scheme came to light when investigators noticed that Johnson’s mother hadn’t used Medicare benefits in 2017, when she would have been 96. The Social Security Administration mailed a letter to Johnson’s mother at her last known address, requesting that she contact the agency in order to confirm her continued eligibility for benefits, which were ended when there was no response.“This was not a crime of necessity or desperation. Nor was it an isolated incident or a momentary lapse in judgment,” prosecutors wrote in a memo late last month. “The only reason Johnson’s theft came to an end in 2017 was because one of the Social Security Administration’s program integrity initiatives prompted the agency to confirm whether Johnson’s mother was still alive. Otherwise, Johnson simply would have continued stealing from Social Security.”Johnson withdrew funds from the account in an ATM at his police station, prosecutors said.“Withdrawing crime proceeds at the police station he oversaw as the district commander reflects a troubling lack of respect for the law and a cavalier attitude about the nature and seriousness of his criminal conduct,” the memo said.Prosecutors said Johnson spent all but 59 cents of the stolen funds.In handing down Johnson’s sentence, U.S. District Judge Manish Shah called his actions “infuriating” and questioned why he never thought to come forward and accept the consequences for his crimes, according to the Chicago Tribune.“How many times (as a police commander) did you plead with people to come forward and accept responsibly for something?” Shah said. “Yet all that while, there was a crime being committed that you knew all about, and you did nothing to stop it.”Copyright © 2019, ABC Audio. All rights reserved.