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.
Comments
Burnol time for some people here.. Welcome to the Original Religion.
mr thogadia several poor adivasi hundus are embrasing islam and christaianity becuase of your caste system in hinduism. try to help these poor hindus.
Oh yeah!!! IN YOUR DREAMS....right.Happy dreaming Togadia!!!
oh, thogadya got wrong information may be 7.5 lakhs were converted to islam
Togadiya you doesnt know that more than 50 lkh non muslims embraced islam in last 8 years.
Whatever tricks they do to reduce Muslims, But, Allah made Islam to supersede all the religions of the earth. Allah is the best planner.
Mr.Togadiya is just following his master's foot step!! nothing new in his statement, Just look @ our honorable prime minister's statement before election and now?? look at our prime ministers statement when he was on foreign tours and when he is in our country!! only these people are fooling us!! don't give much attention for these types of ill mentality what they called leaders!!
Pravin Togadia being JAIN, why he did not convert to Hinduism before converting others to Hinduism?
Is he loosing his mental stability??
Not only Pakistani Hindus, but, they should bring back to India Srilankan Hindus, Bangladeshi Hindus, Nepali Hindus, Mauritius Hindus, Thailand Hindus, American Hindus, European Hindus, African Hindus, Middle Eastern Hindus etc., All the Hindus must come back to Hindustan. So, they will have majority.
its not new thing..........he is not true to himself..as he himself does not belong to HINDUISM. he is a Jain
Common innocent Hindus are fooled time by time.........even in Al jazeera interview Ram madhav told they do follow Hindu culture not Religion
Very very absurd news. Even if it happened, they don't know what is Hinduism and what is Islam, what is Christianity.
Go to Bombay's Maidan where dozens of educated Hindus are accepting Islam in public, without any pressure or greed.
The govt's seems itself shows Hinduism is diminishing and Muslim population is increasing.
Do whatever you want, the God' s real religion will rein for ever,
All man made fake religions will cease.
I THINK THOGADIYA HAD DREAM LAST NIGHT ABOUT THIS ,
PLEASE DONT JOKE TOO MUCH .....
RSS means liars and always lying. foolish people
Fun of the year... will reward him with \FEKU of THE YEAR\"... Jai ho..."
Muslims Worshiping ONE & ONLY GOD ALLAH, The True CREATOR.
ALLAH is the creator of all that exists, Even U Togadia.
Ye Togadia, stop spreading False news, People are not FOOLS to believe what U say.... U are old. Soon people will throw YOU and Your devils will also Forsake U.
Look for the TRUE GOD and ask his Forgiveness...
ALLAH will forgive all Sins if repented sincerely except SHIRK (associating partners with him)
STOP worshiping the CREATION and LOOK for the CREATOR. IF U R HOnest The CREATOR will guide U to know the reality of YOUR Idol Worship...
Muslims will never bow down to idols & shits & urine & monkeys- SiCK people will do such thing...
RESEARCH it if U are intelligent.
I think thogadia is totaly mental, in last 10 years more then 10 lakh Non muslims converted to Islam.
FAKE NEWS AGAIN & ONLY FOOLISH WILL BELIEVE....
togadia pagal, It's totally a fake news.
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