A division bench of Chief Justice Abhay Oka and Justice H P Sandesh, said “without going into the question whether Central Ordinance will apply to the state of Karnataka, the offences which are incorporated in the central act are different and distinct from the state ordinances”.
Advocate GR Mohan has challenged the petition which came into on 22nd April.
In the petition it was given that the central government has approved the amendment of the Epidemic Disease Act 1897, as a result of that the making of the offence cognizable and non-bailable with the imprisonment up to 7 yrs, for the attack on the doctors and front-line personnel.
According to the petitioner the Karnataka ordinance weaken the Central Amendment by making the offence under Section 9 to be Cognizable and Bailable. Due to this the accused persons are entitled to be enlarged on bail for the serious offences being committed by them against the doctors, health workers that the petitioner contended.