Amid security concerns govt imposes ban on entry into Bababudangiri shrine

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.

New Delhi: The Ministry of Home Affairs of Government of India today clarified to the Lok Sabha in a written reply that the so called “Love Jihad” is not defined under the extant laws and no such cases have been reported by any central agency.

It was ministry’s formal response to questions about whether the central government is aware of the observation of Kerala High Court that there is no case of Love Jihad in Kerala.

“The term ‘Love Jihad’ is not defined under the extant laws. No such case of ‘Love Jihad’ has been reported by any of the central agencies. However, two cases from Kerala involving interfaith marriages have been investigated by the NIA,” said the reply.

Communal and anti-Muslim political outfits backed by a section of media often use the term “Love Jihad” to accuse Muslims of marrying Hindu and Christian girls and then forcing them to change religion. Dr Hadiya’s conversion was also termed ‘love jihad’ by the BJP and media. The Supreme Court finally ruled that it wasn’t.

In January 2020, an influential Catholic Church in Kerala had said that “love jihad is a reality” and alleged that scores of women from Christian community from the southern state were being lured into the trap of Islamic State and used in terror activities.

The Viswa Hindu Parishad (VHP) had welcomed the Church statement and called for a united fight against ‘Love Jihad’ in Kerala Society.

The response comes weeks after the MHA, responding to an RTI query, said it has "no information" concerning the 'Tukde Tukde Gang' -- a term that has been used a number of times by PM Narendra Modi and Home Minister Amit Shah to attack opponents.

The RTI application was filed by activist Saket Gokhle on December 26 last year. In his RTI application, Saket Gokhle said Home Minister "Amit Shah addressed a public event in New Delhi, and in his address said, 'The Tukde Tukde Gang of Delhi needs to be taught a lesson and punished'." Gokhle's RTI asked for details of the 'Tukde Tukde Gang'.

The home ministry, in its reply to Saket Gokhle's RTI application, said, "Ministry of Home Affairs has no information concerning tukde-tukde gang."

Belgaum, May 6: A police constable engaged in security duty at the Belgaum District Collector's bungalow committed suicide by shooting himself on Wednesday morning.

The deceased was identified as Prakash Gurvannavar (32) who was a native of Ambadgatti village in Kittur taluka in the Belgaum district.

Upon receiving information about the incident, Commissioner of Police Lokesh Kumar rushed to the spot.

Further investigation is underway.