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.
Ms Revati, who was posted in Bhatkal town police station, in a complaint to the state chief minister and home minister, has claimed that a few senior police officers in Uttara Kannada tried to cover up the case of attempt to create communal tension in the district.
Comments
That police establishments even in non BJP ruled states work hand in glove with the anti- people fascist RSS is a sad commentary of how our constitutional system is time and again challenged with impunity. Except for few courageous officers who work with conviction the police system as such is corrupted with persuasion of a virulent 'Indian Ideology' as much as the political system is.
That RSS and the police establishments often work hand in glove with each other even in many states ruled by non BJP 'secular' dispensations is a sad commentary on the virulence of the so called nationalism and patriotism propelled by an ' Indian Ideology '
Naushad, CONG not only supporting and BUT hiding in chaddis.....Hijdas
Whoever does this whether he's Muslim,Hindu, Christian or from any other community or religion if try to disturb peace and try to hurt somebodies sentiment to be punished maximum.
Actually the Police authority are the only authority can make peace, keep peace, if they want.
Please Respect each other, their reliogion, their community Etc.
LIV ,LET THEM LIV and ALLOW EVERYBODY TO LIV PEACEFUL LIFE.
Hahaha. That fellow became PM by throwing beef at temple and goes to pakistan for having tea
As Sanaulla said we are peace loving people we are business camunity. What ms Reviti has stated is true inquiry must be done by C B I this is not a first time that miscreant thoren meet at warshp plases Her aligation is true our Acp mr Anup Kumar is bussy in catching cattle traders along with Bajrangdal insteade of catching miscreant isn't it stupidity?
As Sanaulla said we are peace loving people we are business camunity. What ms Reviti has stated is true inquiry must be done by C B I this is not a first time that miscreant thoren meet at warshp plases Her aligation is true our Acp mr Anup Kumar is bussy in catching cattle traders along with Bajrangdal insteade of catching miscreant isn't it stupidity?
What a pity. Long ago a senior Ayodhya seer had called BJP as biggest enemy of Hindus. It's 100 percent true.
What's Congress doing? Supporting cheddis?
VIREN now you need her to provide mental treatment ? first you go through it ....
YOU FOLLOWED HITLER IDEAS...AND SURELY you will follow his END
In Bhatkal Mislims are always sufferer
Muslims are highest paying taxes to the Government
Muslims they stands for economy of Bhatkal. Price rise is higher than
The whole district, even though Bhatkal is peace. Nawayath community in Bhatkal r peace loving people. Hindu girls r working In their house. Muslims employ Hindu girls in their shops. Means we have no difference of opinion at all.
Some miscreants including who Mrs. Revati named in her allegation
Mr. Sunil Nayak just he joined BJP some months ago was a member of a Muslim Sports Centre called Royal Sports Centre and he himself
Mixed with Muslim people during marriage ceremony, sports, Travel
And many other occassion. Now a days he make distanced himself from Muslim friends. Even I wish to tell you he was frequently having beef
In Muslims wedding occasions
Shocking allegation against sangha parivar it is very cheap to blame someone for her sin.
serious inquiry must be done on her complaint if that proved correct, each and every criminals should be given maximum punishment.
we know her behavior.. very harsh in our town,
Revati in need of mental treatment. first she got suspended by assuming she will lose her job for her fault.. she herself resigned before.
Revati slap on, this is wrong to blame someone for your mistake.
her hafta may be pending, until now eaten lancha and lived a wonderful life, now money got over started to blackmail others.
revati.. statement is totally wrong, she just wanted to turn off her case into opposite. corrupt officers like u.. we dont need anymore., go to hell.
Police officers like Ms Revati should shoot those criminals infront of everyone even if he is politician or some group head.
really shocking!!!! from today i will stop joining any group.
this must be stopped.. local people should not support the protest of some group.
whoever involved in this heinous act will die dog's death one day.
yahh exactly right thats why i m not very much bothered about the communal violence. its all pre planned. everyone should do their work and keep quiet from fighting nobody will gain anything instead they will lose.
this complaint should be taken as a general awareness, in my opinion some set of 5 to 10 people want to disturb the peace of the society and some gains, why others are responding to their crime. we all brothers and sisters should live in peace,
She is right in accusing her sanghi seniors .... I was the only person on this forum highlighting this drama of meat placing to stir up social unrest .... Bjp goons hats off to you and Pramod Muthalik for creating social disturbances
naren and viren need some treatment for their mental condition.... i can offer both a better treatment.
viren, bhatkal bjp gooons did this in past also. This time police wanted to frame 1 innocent boy also. psi has taken sunil naik bjp leader name who has given money to 1 person name uday goonda to buy cow meat to throw in dewastan.
I wonder fools like #1 still exists in Karnataka... Want to give merit to the evil doers even if they are exposed of their evil. Only devils are happy when some one is harmed... and dont be a devils agent by supporting the Evil..(throwing beef and blaming others)
More deceptions will spill out in near future in Shaa Allah.
Viren u r one of the educated illiterate person on this planet....if the same allegation she put on muslim community then she is a very good police, otherwise, she is mental.....the whole India knows who are the main culprits are except some communal people like u....
Ms Revathi is 100% correct, hats off brave police officer Revathi
Viren!! Who need treatment for them this statement is funny. This is not the first time. Whenever One particular community is involved in any illegal thongs and get caught, then he is mental. Naren antinationalist need itch guard.
The true face of saffron forces unveiled again. Pity on them. Such people dont hesitate to destroy their own family for political gains.
Lol. funny allegations. I think she needs some treatment for her mental condition.
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