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
B J P = Baharthiya Jhoothi Party
R S S = Rashtriya Shaitano Ka Sangh
V H P = VIOLENCE HATE PROMOTERS
He Himself is a Accuse in Several Murders, Fake Encounters, Gujrath Riots 2002, He is calling others as Goondas, Kya Din Agaye Bhai.
Goondas will identify other goondas easily... same breed
Rajesh,in india only ISI ageant work doing only RSS and chaddi parivar and ramshene manki parivar,se the history of amith he only doing ageant of communal riots and robbring musslims property,
It's like looking up and spitting,
Definitely Amaranath Shah now real Hero of Criminal Looters RSS, \Experience makes a man perfect\" These means only Criminal Looters knows who is Goondas, because on the way both are Friends so Master Shah Knowing Who is Who???"
Goondas can identify other goondas .....
Yes he is right ...UP all goondas..But in BJP all are HIJDAS....HIJDAS...HIJDAS... from back side they attack & attack poor and handicapped people & killed innocent
Yes these are goondas, but BJP party has terrorists....which one is better
Yes they don't have Goondas .But they have Terrorist
100% right Mr. Shah
Like Yogi
Rajesh i guess u dont see mirror in the morning see urself and justify urself how gd ur to point out others and justify urself wht wrong u do frm morning till nite how people get hurt bcoz of u
if u cant live as a frnd then don't ask other to live like u at list the people who are good to there frnds let them live there life don't spoil the others mind like vegetable spoils in market.
how could u say tht to muslims to go pakistan y we shld go u hve prblm with use y don't u go brother
its not your mistake whn ur geting younger family members shld explain the truth of life tht u didnt got to knw abt truth of life
u hve some fake histroy in ur mind abt muslims tht u blive u shld go deep in ur history as well u will get to knw abt it
he is right , SP Muslim MP had ISI agent as his PA , they sent classified informations to their pakistan .
Look who is saying what,one who is the main conspirator of many riots is saying other goondas.
Please go and look at mirror....you will see your reflection....don't you think that muslims are stupids....we are not in 19th century....
Yes. they dont have only goondas... but they have Goondas, Deceivers, LIARS, Killers and hatemongers...
Dont just think cheddis have only Goondas ? All round evil institution
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