Evening Courts can help in faster settlement of cases: Justice Pinto

Bengaluru: The Karnataka High Court has refused to quash an investigation against a WhatsApp group administrator accused of allowing the circulation of obscene and offensive images depicting Hindutva politicians and idols in 2021.

Justice M Nagaprasanna observed that, prima facie, the ingredients of the offence under Section 295A of the Indian Penal Code were made out. “The offence under Section 295A of the IPC is met to every word of its ingredient, albeit prima facie,” the judge said.

The petitioner, Sirajuddin, a resident of Belthangady taluk in Dakshina Kannada district, had challenged the FIR registered against him at the CEN (Cyber, Economics and Narcotics) police station, Mangaluru, for offences under Section 295A of the IPC and Section 67 of the Information Technology Act. Section 295A relates to punishment for deliberate and malicious acts intended to outrage the religious feelings of any class of citizens.

According to the complaint filed by K Jayaraj Salian, also a resident of Belthangady taluk, he received a WhatsApp group link from an unknown source and was added to the group after accessing it. The group reportedly had six administrators and around 250 participants, where obscene and offensive images depicting Hindu deities and certain political figures were allegedly circulated repeatedly.

Sirajuddin was arrested in connection with the case and later released on bail on February 16, 2021. He argued before the court that he was being selectively targeted, while other administrators—including the creator of the group—were neither arrested nor investigated. He also contended that the Magistrate could not have taken cognisance of the offence under Section 295A without prior sanction under Section 196(1) of the CrPC.

Rejecting the argument, Justice Nagaprasanna held that prior sanction is required only at the stage of taking cognisance, and not at the stage of registration of the crime or during investigation.

The judge noted that the State had produced the entire investigation material before the court. “A perusal of the material reveals depictions of Hindu deities in an extraordinarily obscene, demeaning and profane manner. The content is such that its reproduction in a judicial order would itself be inappropriate,” the court said, adding that the material, on its face, had the tendency to outrage religious feelings and disturb communal harmony.

Observing that the case was still at the investigation stage, the court said it could not interdict the probe at this juncture. However, it expressed concern that the investigating officer appeared to have not proceeded uniformly against all administrators. The court clarified that if the investigation revealed the active involvement of any member in permitting the circulation of such content, they must also be proceeded against.

“At this investigative stage, any further observation by this Court would be unnecessary,” the order concluded.

Bengaluru: Following reports of fresh Nipah virus (NiV) cases in West Bengal and heightened vigilance across parts of Southeast Asia, the Karnataka Health Department has placed the state on high alert and activated emergency preparedness protocols.

Health officials said enhanced surveillance measures have been initiated after two healthcare workers in Barasat, West Bengal, tested positive for the virus earlier this month. While no cases have been reported in Karnataka so far, authorities said the state’s past exposure to Nipah outbreaks and high inter-state mobility warranted preventive action.

Officials have directed district health teams to intensify monitoring, particularly at hospitals and points of entry, and to ensure early detection and isolation of suspected cases.

High Mortality Virus with Multiple Transmission Routes

Nipah virus is a zoonotic disease that can spread from animals to humans and has a reported fatality rate ranging between 60 and 75 per cent. Fruit bats, also known as flying foxes, are the natural reservoirs of the virus and can transmit it by contaminating food sources with saliva or urine.

Known modes of transmission include:

•    Contaminated food: Consumption of fruits partially eaten by bats or raw date-palm sap
•    Animal contact: Exposure to infected pigs or other animals
•    Human-to-human transmission: Close contact with body fluids of infected persons, particularly in healthcare settings

Symptoms and Disease Progression

The incubation period typically ranges from 4 to 14 days, though delayed onset has also been reported. Early symptoms often resemble common viral infections, making prompt clinical suspicion critical.

•    Initial symptoms: Fever, headache, body aches, fatigue, sore throat
•    Progressive symptoms: Drowsiness, disorientation, altered mental state
•    Severe stage: Seizures, neck stiffness and acute encephalitis, which can rapidly progress to coma

Public Health Advisory

The Health Department has issued precautionary guidelines urging the public to adopt risk-avoidance practices to prevent any local spillover.

Do’s
•    Wash fruits thoroughly before consumption
•    Drink boiled and cooled water
•    Use protective equipment while handling livestock
•    Maintain strict hand hygiene

Don’ts
•    Avoid fruits found on the ground or showing bite marks
•    Do not consume beverages made from raw tree sap, including toddy
•    Avoid areas with dense bat populations
•    Do not handle sick or dead animals

Preparedness Measures

Officials confirmed that isolation wards are being readied in major government hospitals and that medical staff are being sensitised to identify early warning signs.

“There is no cause for panic, but there is a need for heightened vigilance,” a senior health official said, adding that there is currently no approved vaccine or specific antiviral treatment for Nipah, and care remains largely supportive.

Mangaluru: The KSRTC Mangaluru division has rolled back the fare hike on buses operating on the Mangaluru–Kasaragod route following the suspension of toll collection at the Arikkady toll plaza near Kumbala in Kasaragod district.

The fare revision had been implemented after the National Highways Authority of India (NHAI) began toll collection at the Arikkady plaza on NH-66. As a result, fares for ordinary and Rajahamsa services were increased by ₹7 and ₹10, respectively, raising the bus fare from Mangaluru to Kasaragod from ₹81 to ₹88.

Senior Divisional Controller of KSRTC’s Mangaluru division, Rajesh Shetty, said the fares were reduced after toll collection at the Arikkady plaza was stopped. “The tollgate began operations on January 13, and the toll amount was deducted from the FASTag accounts of KSRTC buses operating on the route. Following an order from the central government to suspend toll collection, KSRTC has also withdrawn the additional fare with immediate effect,” he said.

At present, vehicles travelling on the Mangaluru–Kasaragod route pay toll only at the Talapady toll plaza. The toll for light motor vehicles (LMVs) at Talapady is ₹80 for a same-day return, while heavy vehicles, including buses, are charged ₹250. At Arikkady, the toll rates were ₹130 for LMVs (same-day return) and ₹450 for buses.

Protests against Arikkady toll plaza

The Arikkady toll plaza witnessed widespread protests from January 12, the day toll collection commenced. On the second day, an action committee led by Manjeshwar MLA A K M Ashraf launched an indefinite protest at the site. Except for the BJP, leaders and workers of most major political parties participated in the agitation.

On the night of January 14, a large number of protesters gathered at the plaza and vandalised property, following which authorities temporarily suspended toll operations. The BJP later also expressed opposition to the toll plaza and criticised NHAI’s decision.