Army man-turned-Bajrang Dal leader held for blackmail along with associates

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.

Suhaana shuddered with fear as she heard violent banging on her door on Sunday. The atmosphere was charged with communal tension after thousands of ruthless goons supporting contentious Citizens Amendment Act (CAA) launched a bloody onslaught against Muslims in the capital of India.

The family consists of Suhaana (name changed), her partially paralysed husband and two daughters. They are the only Muslim family in Madhuban mohalla of North Ghonda locality in north-east Delhi.

Hearts pounded louder than pounding of the door. Then the banging stopped and noises of men talking loudly came.

"I peeped out from a small window near the kitchen and saw our neighbours standing outside our entrance and arguing with 10-15 unknown people," Suhaana said.

It was the first day of the communal violence, worst in the decades, that fanned out to the entire north-east Delhi over the next three days and claimed at least 42 lives, left over 200 injured and properties worth crores destroyed. The death toll is feared to go up.

Later in the night Suhaana's family moved to one of their Hindu neighbour's house. There are about 30 Hindu households in the mohalla who kept vigil as the atmosphere deteriorated.

The next day, the violence escalated. The neighbours decided to shift Suhaana 's family to Gautampuri for their safety.

Suhaana recounted, "Our neighbours assured us that they are with us but as things were deteriorating, they said they wouldn't be able to protect us if a big mob of hundreds came. They advised us to move to the nearby Gautampuri locality and come back only after things become normal."

Rajkumar Bharadwaj brought the family to Gautampuri in the early hours on February 25.

Anil Gupta, 49, said, "It was tough to rescue them. We were asked by the rioters as to why we were saving the Muslims. But we had to, it is the people of my country who are suffering. It cannot be Hindus or Muslims."

Rajkumar Bharadwaj said, "Their youngest clung to me throughout. After I brought them here at Gautampuri, I felt good. Situation till then was not okay."

On Saturday, some semblance of normalcy returned to parts of north-east Delhi with some people opening their shops amid heavy police presence.

Meanwhile, the morbid sight outside GTB Hospital's mortuary, agonising groans in the hospital wards burnt down houses and shops remind Suhaana and others what they have been spared of.

Dubai, Apr 26: Families were shattered as the three dead bodies of UAE-based Indian expats were returned to the country from New Delhi, India.

Family members waited outside the Indira Gandhi International Airport for hours, but they were later told to go back home as the remains of expats Jagsir Singh, Sanjeev Kumar and Kamlesh Bhatt were flown back to Abu Dhabi, following a new order implemented by India's Ministry of Home Affairs.

Inderjeet, brother-in-law of Sanjeev based in Al Ain, said their family in Punjab was devastated.

"This is a non-coronavirus death. We had a death certificate as proof and all necessary documents from Indian Embassy. But the body was returned while our family members waited outside the airport. This is very shocking," Inderjeet said.

"The body shouldn't have been returned. It's difficult to travel across states due to Covid-19 restrictions and also to arrange the ambulance," he added.

"Now the embassy has told me to come on Sunday. They said hopefully things will be sorted out in a day or two."

Meanwhile, the family of Kamlesh resides in the Indian state of Uttarakhand. This means, with existing travel restrictions, they had to secure permits from different states to reach New Delhi.

Dubai-based social worker Girish Pant, who is in touch with the family, said they are all depressed with the unfortunate turn of events.

"His brother Vimlesh had to return home without the remains. They are all clueless and in pain. With the new order from the Ministry of Home Affairs, I have informed the family that the body will reach them within 48 hours. I am also coordinating with the Indian Embassy," Pant said.