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
Alhamdulillah.
Brother Naren And Viren
We can understand your Frustration.What to do Barking Dogs never bites like Our beloved GO SWAMI.
Try to learn about ISLAM before its too late...so that you can secure you life after Death.
Alhumdulillah Allah is great. Allah knows better how to protect his people and Religion.
Naik given clean shit ?
Chaddi logonko mirchi lage tho hum kya Kare Sanghi chaddi RSS medias were hiding now uriyuttada burnol hachi.........
allahu akbar
Karen and Viren.....dont watch much versions of zakir Naik.....ull change too........you better keep barking so we can have some time pass in CD... every morning.....
Allah is with the true person.....and now need to see what the barking media says.......
Allahu Akbar, After checking all his videos there may be chances of police department convert to Islam.
Naren must be happy in Singapore...... or losing night sleep..... Now this GOO ( human shit ) SAMI should be arrested for defaming innocent Dr Zakir Naik...... Naren wish you happy eid.....
Viren,
Even if the intelligence arrest him. What can they do...
They can deceive People like U to hate more
But Majority of them got what Zakir is preaching to reach the one GOD ...
Dont stay away from ONE GOD who created YOU , ME and all that exists .. U will be a loser in the end.
Learn who is WORTHY Of WORSHIP also NA TASYA PRATIMA ASTI . it will stop hating others
AL HAMDULILLAH, Viren dont bark study islam from zakir dont go by on line, on line may you will get wrong information from Chaddi yahoodi jewish trying to bring bad name to islam, one thing who ever try to bring bad name to islam or hate islam ISLAM IS ISLAM god will defend no one can stop it, terrorism is Jewish culture islam will not support terrorism,
Hahaha. Maharashtra intelligence department is very shrewd. It knows how to trap thieves. Now it will say it cannot arrest. Once he comes to indian, then he will spend rest of his life in prison like abdul naser madani..
Alhamdulillah, Truth always wins. No matter Arnab or any other haters try to malign him.I think IRF should file a case against Times now and Arnab Go swami now, Its time to ban Times Now.
Most of the media is not publishing this news.All the haters of Dr. Naik please apply some Burnol to your A** so that you will get some relief.
Being an hindu. I have gone through many clips. But media showed only half truth. Which is dangerous. Dr naik only wanted hindu and muslims unite and love other. If this is wrong. Then i hate rss vhp...
They opened their own grave by bringing dr naik issue.
Al Hamdulillah....Allahu Akbar
Al Hamdulillah.. Allah is great.. Remember chelas and chaddis.. Dr. Zakir Naik has prayers from All Over the world Muslims.. In Sha Allah he will win because he preaches only n ONLY PEACE.. May Allah give him Afiyath.. Ameen..
Dear State Intteligence Dept. ,(Maharastra)
Please share your Investigation Report with Mr. Arnab Go-Bar Swami, Atleast we can Expect some wise sound from him rather than spiting venom in media.& Mr. Arnab Go-Bar Swami please get well soon.
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