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.
Comments
Naren
terrorism started from Sikhs not Muslims and till today your people only following it. No need to teach matured person like you so understand the logic of your people.
Is constitution said to make illegal relationship with ladies without marrying them to fulfill your desire? Is your community got the message from constitution to rape in the bus and to kill innocent girl? Constitution made for good will of the citizens not to torture them.
there is no deference between you and Israel but remember we fear Almighty.. Not you or them!
rikacha , nimma root navare kanri , foot alla ... hahaha ...
You cannot expect more than these goondas who dont heistate to worship anything. they don't know what is God
Here we cant show patience or silence.
When justice fails, then Tit for tat is only the ultimate solution.
constitution dont say u can marry 4 , constitution dont say u can do terrorism , killings , rapes , but ur community does it . then whats the problem in telling this ... first of these three rogues are not indians , they look like pakistanis ...isis barodakke they are creating launch pads , but nationalist indians are there to protect hindus , sikhs and christians ..nam deshadalli yaava kumda salafist backed isis nadiyalla ... anybody questions our nations integrity will be strongly dealt with . Muzzies are thinking by doing this they can bring down modi from PM post . no ... not at all possible . there is a deep polarisation even in villages it isnow being felt . by 2024 , India will be hindu rashtra for sure . to amend constitution 2/3 majority needed and all states if we make congress mukht we are done . with coopearting with israelis , defintely we can achieve this . ummah is so weak that it is already divided , no body has guts to speak against India if it does so ... even if they speak , millitarily they are not on par with India .gulf countries want USD from India , for their cheap petrol . hahaha
No one can change the faith by forcing anything.
bitter truth for RSS
Very dangerous for the future of India. Rising intolerance, forcing others what one practices, poking nose in other's matters, dictating what to eat what to wear, all these will eventually lead to sectarian fights, genocides, civil war etc., India may end up in situation similar to Iraq and Iran. BJP sarkar and Sangh parivar must control their bhakts before it is too late.
Constitution even did not say to eat or drink :P
By looking at their face they look very papa, but they raised voice against what other side party asked. strange but true.
What if they call Jai Mata Di or not?
accused must be punished who are they to beat the innocents.
my foot....
Its Their Wish any constitution dint asked all the citizen to call anything particularly.
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