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.
“Why should you snatch away the poor's meal?” asked Bhimrao Dhonde, who represents Beed's Ashti, during a discussion on the state's agrarian crisis.
Comments
It is better for government to impose ban on beef as it is not at all good for health.....Moton is a good meat and healthy...
Without distributing the Ambani wealth to poor you cant impose ban on anything. Poor people are suffering because of rich Fadnavi who has easy access to all sort of food. I'm used to mutton now. Even if you allow me to eat beef i wont.
There intention is not to snatch snatch away the meat of export from their leaders.
Beef ban increased beef export. Hence, my guess, the farmers must be selling cows to the exporters. It is very clear that the present administration is anti poor. Election in the corner will woke him up now.
dear avish, the loan burden and no food make the people to sucide. Do you say that the life of cow is more important than the human being? he can sell the cow if he want he can save his parents and family. If not all them should be opt for sucide. So parents sake and family sake he is ready to sell the other things which is not necessary at that moment. But people like you who think that more educated ( not being a human) think another way. It will be understandable only when your are in same situation
Dear Kumel are you educated? how the cow becomes your mother. Please check your DNA. We have never seen even in any holy books that the human being is born by Cow.
Another prime example for dirty politics from BJP since Assembly electioons are on the corner, please do not react or comment
Mr kumel,Who you are to feed 17 cr people. Who is parasitic?.mind your language.
Any action in this regard to be implemented immediately before beef eater communities are used to alternative diet, most of them now used to mutton and chicken, After that if we want sell we will never find anyone to buy it.
I think we have to ask all farmers to bring all their spent cattles to Mr. Kumel Chang house. He will look after these mother cows.
I guess he'd be willing to let go of his parents and family as and when they become nonproductive. What a loser!
So parents are cattle? People like you will use any analogy to stick to your stand. Don't impose your ideas on the rural folks. They know exactly what they are doing and what to do with their life, diet, animals, crops etc. India is a non vegetarian country. Get used to it
If we can feed 17 crore parasitic population of jihadis, surely we can feed the holy mother cow
Very well said, I came from an agricultural family too and they have similar practice. I remember Bangalore in the 80's and the menace of cows roaming on the road. Then the IT boom happened and \ban\" we dont see them anymore and they are now sold as beef."
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