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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.

Kollam, Mar 27: A young IAS officer in Kerala has been booked by police after he left the state violating instructions to remain under home quarantine following his recent return from honeymoon abroad, officials said on Friday.

A First Information Report has been registered against Kollam sub-collector Anupam Mishra, who hails from Uttar Pradesh, based on a report from the Health department about the violation, Kollam Superintendent of Police T Narayanan said.

Describing the action of the officer as a “serious matter”, District Collector B. Abdul Nasser said Mishra had returned to Kerala on March 19 from his Malaysia-Singapore trip and was advised to remain under quarantine, as per the protocol for overseas returnees in the backdrop of coronavirus outbreak.

On his return to Kerala from the foreign trip, Mishra had undergone medical examination and did not show symptoms. His personal staff, including gunman, have also been kept under observation.

However, the officer had left for his brother’s place in Bengaluru without informing anyone, Nasser said.

When the Collector got in touch with him, Mishra informed him that he was in Bengaluru.

“He was on leave after his marriage and took permission to travel to Malaysia and Singapore. On his return I advised him to remain under home quarantine. Seems like he left to be with his family at Bengaluru,” Nasser told PTI.

However, police said Mishra’s mobile tower location shows Kanpur in Uttar Pradesh.

Authorities came to know on Thursday that Mishra, who had been staying alone in his quarters at Kollam, was not there after health department staff, who regularly visit people in quarantine, found the lights in his house switched off, police sources said.

“The officer has gone without prior permission or leave. He did not have any symptoms of the virus. Without informing us, he left. It is a serious matter, the collector said adding Mishra has been asked to provide his current address and travel details to Bengaluru.”

When an officer leaves his jurisdiction, he is supposed to inform the government, which Mishra did not do. He has also not taken prior permission for leaving the state, the later told reporters.

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The state government has sought an explanation from the officer in this regard.

A case has been registered against him under various sections of the Indian Penal Code including 188 (disobedience to order duly promulgated by public servant), 269 (Negligent Act likely to spread infection of disease dangerous to life) and 271 (disobedience to quarantine rule), police said.

Kollam, is the only district in the state, which has not reported any positive case of COVID-19 so far. A total of 176 positive cases have been reported in the state so far.