10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

Bengaluru, Mar 9: The political crisis faced by Kamal Nath government in Madhya Pradesh appears to have accentuated with 13 party MLAs and six ministers reported to be in Bengaluru.

The developments have come amid factional differences in the party unit and at a time the party has to finalise its Rajya Sabha candidates from the state.

Sources said the number of Congress MLAs who were in Bengaluru had gone up to 19 and one more MLA expected to reach Bengaluru by Monday night. They said the MLAs have come in batches and include six ministers from Madhya Pradesh.

The developments came on a day state chief Chief Minister Kamal Nath met party chief Sonia Gandhi and discussed the political situation in the state.

The sources said that MLAs are likely to be shifted to a resort on the outskirts of Bengaluru.

According to the sources, BJP Mahadevpura MLA Arvind Limbavali has been in touch with the Congress MLAs. They said 16 MLAs were brought at HAL airport Bengaluru by a special flight and were staying in a hotel at present.

The session of Madhya Pradesh assembly will begin on March 16 and the BJP may bring no-confidence motion against the Kamal Nath government.

Kamal Nath had said after his meeting with Gandhi that Congress MLAs who were reportedly missing have returned and had informed him that they were on 'tirth yatra'.

"Congress MLAs came back and said to me that they went on' tirth yatra (pilgrimage)".

The Congress has accused the BJP of trying to topple the party government. Party leader Digvijaya Singh had earlier alleged that BJP leaders Shivraj Singh Chouhan and Narottam Mishra were offering bribes of Rs 25-35 crore to Congress MLAs in order to bring down the Congress government in the state. The BJP had refuted the allegations.

In 2018 assembly elections, Congress won 114 seats in the 230-member Assembly and formed the government with the support of four Independent MLAs and two BSP MLAs and a legislator from the Samajwadi Party (SP). The BJP had secured 109 seats in the state assembly.

Last week,Madhya Pradesh Labour Minister Mahendra Singh Sisodia had warned that the state government will face a crisis if it "ignores or disrespects" party leader Jyotiraditya Scindia.

Scindia had said last month that he will not hesitate to hit the roads if promises made in a manifesto by Kamal Nath-led government in Madhya Pradesh were not fulfilled.

Kamal Nath had responded to the remarks saying, "To utar jayein" (Let him hit the streets if he wants to).

Congress MLA Bisahulal Singh, who was "missing" for the past few days, returned to Bhopal on Sunday and said he had gone on a pilgrimage.

Independent MLA Surendra Singh said on Monday that he was hoping to become a minister in Madhya Pradesh government soon.

Bengaluru, Jul 2: Karnataka Health Minister B Sriramulu on Thursday launched the ICU Telecard, developed by CISCO to address the concerns of doctors treating coronavirus patients.

Wi-Fi networks and Cisco Health platform help to protect the entire medical team dealing with the infected person by ensuring that doctors do not have to be inside isolation wards and COVID ICUs.

The ICU Telecard has been installed at Victoria and KC General hospital.

"This technology is a necessity to safeguard health of our doctors and it should be implemented in all hospitals. We will discuss about this in the task force meeting and decide regarding the use of this technology in all COVID hospitals in the state. For now, we have installed one at Victoria and KC General hospital" said the minister.

Addressing the complaints of non-release of dead bodies without coronavirus testing, Sriramulu said: "Experts have discussed the same in a meeting with the Chief Minister yesterday, who has ordered for an increase in the number of testing labs. This should resolve the issue. We are also contemplating the conduct of plasma therapy in all districts."

The minister said that the government has also decided to reserve two ambulances for every ward to address the issue of non-availability and will procure more ambulances on rent if the existing ones are insufficient.

He further informed that those who were seen dumping the bodies in a pit in Ballari have been suspended and notice has also been served to officials in Yadagiri.

"We will ensure such instances do not repeat in the state," he said.