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.
In a release issued here, he said that some people were spreading false messages regarding the functioning of customs, immigration, security and airlines at the airport. But all operations were running smoothly, he said.
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NOT AT ALL WELL ... if someone want to experience the Truth then just Go to Mangalore Airport and see how they treat Burka and Beard Clad commuter, and the Emigration and CISF / Security personnel attitude which is very pathetic and too bad and sometime they make their Security DOG to snip the luggage and also sometime snip the said passenger.
you find lots of discriminate and bias right from luggage porters to the Emigration personnel...
....
I have seen officials at Mangalore Airport abusing Muslim men and women (Kerala) arriving from Gulf. If it is not for their hard earned money of these young men and women working in Gulf and spending in India. India would have become another Somalia.
Guys it is time to hit them were it hurts their wallet. Soon you guys can fly to Kannur Airport until then fly Cochin International Airport or Bombay International Airport ( they have improved their customer service) You have the power to stop the abuse...
Dear Airport Director,
Please install CC camera on each and every counter and all the places, then you will realize that your these INNOCENT staff's rude behaviour. They are making problems only for one community and blind for others. Please treat us also Indian, we are not from any other country. Please ask your people to behave with us atleast we are humans and we do have our self-respect. Hope you could do this. Tnx.
Bribery is very common in customs
All is not well,
I will share my experience when I traveled from Mangalore to Dammam.
We were 3 friends together travelling, along with us there was a guy travelling first time to KSA. One of my known friend told me that to take care & help his relative because he is first time to Saudi. We started together & we 4 got boarding pass. Then we 3 finished emigration check & 4th one was new guy, emigration staff didn't process his emigration work, I was waiting for him to come for 10 min. Then I went back to emigration counter & asked what is the problem. And our conversation was like below
Emigration staff :new guy was mentioned his profession as driver in the form.
Me : what is the problem with that ?
Emigration Staff : he don't have Indian driving license
Me : so what ?
Emigration Staff : Without Indian driving license how he will work in Saudi, I wont allow him to travel
Me : with Indian driving license he cannot drive in Saudi, he has to get Saudi license to drive
Emigration staff : no way
Me : Pls allow him,
Emigration staff : no way, you go away or give me your passport I will fix you the case against you
Then I left from & another guy from our group went & same conversation happened with them.
Flight was ready to take off, we are waiting for him, at last minute he came. He told us Emigration staff was demanding for money about 10,000 rupees, he had only 1,000 rupees & he gave him.
First thing to do is terminating Radhakrishna is the best solution & Emigration, custom staffs.
I request the authorities please donot be partial to one community. Donot give communal colour to customs checking atleast. Of course we love our city and would like to travel via mangaluru only. As you said we rely on your words. Kindly do the needful assistance for the travellers
I traveled many times from Dammam to mangalore I want to share my experience here tooo please airport authority take seriously ..
when we go to the immigration line .. there is one guy for stamping go out he behaves like we are coming from central jail .. he treats us like we are his slave and he behaves like a boss
asking wen u came last time y u r coming every 6 month this is none of his business his job is once we reach there check in his pc if the passport is matching to indian authority
after that wen I went to collect language realy very bad asking wt is that wt is this they are sreening if they have doubt they have to open and tie it properly and give back if any muslim ladies looking for gold wt they wear ...
but mom muslim men if he wear chain no question....
soon kannur airport is going to open.. then mangalore will learn soon..
Mumbai airport is better then mangalore as by my experience because I dnt want o say everyone need to take their own experience as specially muslim...
All is not well, CBI should inquire about this situation....harassing innocent people is not at all acceptable....custom officers have different kind policy towards Muslims....even if they carry authorized amount of gold still they check every parts of body....it is obnoxious...should not be allowed....it is better airport director come and see what is going on around at the time of arrival and till all passengers left from airport....
Ibrahim Hussain Udupi, CISF personnel are not kept for communicating in local languages but to look after the security of the Airport and us. It is very good that they have not kept local personnel. The immigration officers have to ask the new recruits many questions as there is lot of fraud visas being issued and they turn up at the Gulf countries and have to be put in jail or have to be deported back (many cases in the papers) for which I think you do not contribute (you would have know if you had contributed). Why bring religion into this as we know that educated Muslims are not targeted as myself and my family members have not faced any such questions in any of the Airports in India. I have flown out of Mumbai, Bengaluru,Delhi, Kochi, Calicut. How come you were scared to request muslims to stand against the comment of the MP from North Kanara but jump to comment on this subject. Do not be selective in standing up to issues of muslims. We do not require support who have double standards and double speak.
There must be some problem. Otherwise, the passengers would not have expressed their anger over social media.
The main reason for this is, losing faith in system or with the concerned authorities. They are still not sure that the authorities will help them for their smooth travel.
1st thing we need to understand that, all those who travel trough the airport are not smugglers or thieves. Yes security should be tightened but should not look at them with some prejudice. And the truth is that, smugglers keep very good relationship with the airport authorities and they will make sure that, they have hassle free travel. No question of religion/caste/creed comes here.
What the Director should do now is that, instead of wasting the time with media persons, Call the entire Airport staff and give them an excellent 2 day customer service training, So that, they will learn how to deal with the passengers who spend a lot and come there. And ofcourse , as you know the long journey in flight is really tiring for most of them.
Most of the complaints read and read, looks sending Free of cost 'WHATS APP\ really most of the Patience gone out of order, very, simple example to say After long struggling at least we Mangaloreans got International Airport, which we passengers or Public using a lot by Mr Ibrahim Hussian's community is saying nonsense, Language, The question to Him Why Your speaks, not Joining this Job?? you are always Job less Job Likers!!!!! at least wake up, and 99% of Gold Smugglers in your Great Group Mr Ibrahim, Question in Emigration is required getting afraid baseless, sure Uneducated cannot understand then complaining????.
Be perfect first then look others man!!!!
Jai Hindustan
Jai Siddaramanna
Jai Radhakrishna."
As far as my experience is concerned, I don't have much concerns about the security checking. But, in terms of maintenance, the authorities need to pay attention. Here, I would like to share my experience;
Few days back when I had to travel via Mangalore Airport, I was desperately searching for a dustbin to throw a coffee cup. I was running from counter to counter for at least three places thinking that the Emigration officers might have such an arrangement to throw a waste paper. Unfortunately I didn't find anything. Finally I was directed towards restroom.
I just wonder why Airport Authority of India fails to meet a traveler's basic needs despite being collecting huge amount in the name of airport maintenance.
look at the below fare details in rupees for a ticket from Kuwait to Mangalore;
Economy class Air fare 2000
Fuel Surcharge 5233
user Development Fee 856
passenger Service Fee 237
Passenger Service Charge 74
Development Charge 300
Total 8700
Now, my fellow CD readers have to tell; Are we enjoying the equal benefits for what we pay? Most of them might have traveled through Mangalore Airport. For me, All's not well these!
There are lots of ambiguity in Mangalore Airport. The CISF personnel are from north India, except Hindi they cannot speak no other languages. Their attitude in security checks at the departure is horrible. Insulting passengers specially aged people deplorable. At Immigration counter at departure, they ask many questions to the new recruits where they were harassed without any faults. For Muslim passengers there is double standard in immigration and security checks as they treat very badly.
Recently, during my travel back from Saudi Arabia, a Muslim girl was detained for several questions at customs check. She was so afraid of these customs officials. Later she was allowed to walk free. I think and propose Mr. Radhakrishna, must have a look at these counters solving agony of the passengers. The NRI's coming from the gulf countries are not thieves or smugglers. They work hard and bring lots of foreign exchange to the nation that cannot be ignored. To their contribution to the country, in return they do get no facility example is recent budget. From their earnings thousands of families living with peaceful life. Comparing to Mangalore airport, Mumbai airport is better these days for international passengers, only the problem is transit for Mangaloreans.
Because of problems only now most of the Gulf passengers like to travel via Bombay airport. They don't like to travel FROM Mangalore Airport directly. Who said don't have problem???
Dear Sir, are you sure that people will get help???
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