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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.

The Indian government has advised expats in the UAE and the Gulf against travel till flight curbs to their home country are lifted. This follows the clamour from some quarters for special repatriation flights to India.

A senior Indian External Affairs Ministry (foreign ministry) official said Indian citizens are safe in the countries they reside in. Prime Minister Narendra Modi had spoken to leaders of Gulf countries who assured him of their welfare, the Indian foreign ministry said. Meanwhile, the Minister of State for External Affairs, V Muraleedharan,, according to a Malayalam news report, also ruled out special flights.

Responding to a question from Khaleej Times on blue-collar workers' angst following job losses, Vikas Swarup, Secretary West in the foreign ministry said, "Insofar as repatriation is concerned, as you are aware, government has advised against all travel, and Indians have been told to stay where they are, As and when the (21-day) lockdown is lifted, and normal civil aviation resumes, Indians wishing to come back will be able to do so."

According to the latest data from the Indian foreign affairs ministry, there are 1,400 cases of Covid-19 infections among Indian expats in the Gulf region.

Swarup said infected Indians are being treated and kept in isolation in the UAE and Gulf. "Our missions have established contact with all the community leaders and the situation is under control," he said.

Cargo flights operating as usual  

Cargo flights carrying fruits and vegetables from India to the Gulf have not been disrupted and would continue as usual, the diplomat said. "We are also helping with medicines based on the requests of Gulf countries," he said.

Eight million India expats live in the Gulf, including close to three million in the UAE. They account for more than 60 per cent of remittances to their home country.

India's long lockdown of 21 says ends next Tuesday. Indications are that it could be extended. Some states like Orissa have already stretched it till the end of the month and others are expected to follow suit.

The government believes that the disease is now concentrated in 75 districts, and the focus should be on these areas to manage and contain the virus.

Mangaluru, May 8: After continuous pressure on Union government from Karnataka NRI Forum- UAE, the first special flight carrying 180 Kannadigas who stranded at UAE due to Covid-19 pandemic will fly from Dubai to Mangaluru on May 14.

The special flight will take off from Dubai at 4.10 p.m. UAE time to reach Mangaluru at 9.10 pm IST on May 14. Earlier it was reported that the flight will operate on May 12. However, sources of Mangaluru International Airport and Air India today confirmed that first flight will be on May 14.

The state government has directed Dakshina Kannada and Udupi districts authority to quarantine all passengers once they reach.  

All Kannadigas will be given permission to travel back home only after they test negative in Covid test at Dubai airport.

In fact, Karnataka was missing in the list of states to receive special flights when Ministry of External Affairs arranged them to bring stranded Indians at UAE. Special flights were arranged only to Kerala and Tamil Nadu people stranded at UAE in the first stage.

Thanks to Karnataka NRI Forum of UAE which opened helpline (https://uaekannadahelpline.club) to seek assistance to Kannadigas, nearly 2000 Kannadigas have registered for assistance in which 127 pregnant women, 27 senior citizens, 700 people who have lost jobs aftermath of coronavirus sought assistance from NRI forum.

After providing food and shelter to Kannadigas who lost jobs at UAE since March 2020, NRI forum put pressure on both state and Centre to arrange special flights to send them to home. 

The NRI Forum has approached Indian Consulate at UAE and chief minister BS Yediyurappa to evacuate Kannadigas, but got no response. Following this, Karnataka NRI Forum President Praveen Shetty approached Union Minister for Chemicals and Fertilizers DV Sadananda Gowda for help. Gowda immediately responded the call and he spoke to MEE to arrange special flight for Kannadigas as well.

Indian government has promised to arrange special flight to Mangaluru or Bengaluru by next week to bring Kannadigas.

Comparing to other Indian States, Karnataka has the highest number of its people working in UAE. Around 1.25 lakhs Kannadigas are working in UAE in which majority are working classes. Due to Covid-19 pandemic thousands of workers have lost jobs, Mr. Shetty explained.

"Indian government had arranged special flights from US, UK, Singapur and other countries to bring back Indians, but excluded UAE in the list. Actually, lakhs of Indians are working in UAE as labourers and in odd jobs, the government should have given first priority to bring labourers rather rich one", he opined.

"BJP has 27 MPs from Karnataka. We continuously requested all BJP MPs and state government but none of them came to our help. Thanks to Mr Gowda for his timely intervention to bring stranded Kannadigas", Mr Shetty said.