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.
Palaraj, a resident of Kunduru colony, said it was true that he had killed a cow for food. “But, is it right on the part of Bajrang Dal members to beat us black and blue. Is their act justified,” he sought to know.
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Modi govt has failed miserably in protecting minorities rights in the country..
Yours is one of the worst sites I have come across - disabling both Control+v and Control+c etc. Shame on you.
There is a Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 in force in Karnataka, Section 4 of which lays down: \4. Prohibition of Slaughter of Cow or Calf of She-buffalo:- Not withstanding any law, usage or custom to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally kill or offer or cause to be offered for killing any cow or calf of she-buffalo.\" The law is framed by Congress government four decades back and is very much in force. As such, what the dalits did was illegal - a crime - for which they are liable to 6 months imprisonment or fine or both. Well, that does not give license to vigilantes of any party or organization to take law into their own hands and beat them up either. The only course was to stop the killing if possible, or seize the slaughtered cow (carcass) etc. and hand over to the police. If the police do not act, then they could agitate in public, etc. So both parties are wrong on this occasion."
NRI PM S ACCHE DIN FOR INDIANS
The day Mr. Narendra Modi became prime minister , all such goondasm raised in our country. Narendra Modi can't talk because these are the part of his mentor (RSS) programmes.
These goons (Bhajrangis) are paid goons of BJP.
Time has come for Daliths and Minorities to stand against these criminals.
This is Karnataka not Gujurat. Strict punishment should be handed out to the perpetrators of such a heinous crime. As per the Constitution people are free to eat what they please. Why should the Bajrang Dal or anyone get offended if anybody eats beef.
BD will get their reward from the devils who inspire them to do such acts... Devils are permanent residence in HELL... it is easy for them to take human to HELL when people encourage EvIL in the society... Evil in the society spreads when People dont Ponder or want to know about the CREATOR of all that exists...
ISLAM says no one will escape of their crime, A day will be there to JUDGE all that happened in this EARTH. and JUSTICE will be done by the CREATOR who created U me and all that exists.
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