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.
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The life of this world compared to the Hereafter is as if one of you were to put his finger in the ocean and take it out again, then compare the water that remains on his finger to the water that remains in the ocean. Prophet Muhammad sallallahu alaihi wa sallam, Sahih muslim.
Winning the love of makhlook and getting the hatred of the Khaliq in return is a very bad deal. Insha Allah we will live in this duniya for maximum 100-150 years. The we have to face Allah. What will you reply to Allah? You think doing such things will benefit you, give you izzat. Please understand that benefit, loss, izzat, zillat, disease, shifa all are from Allah alone. Keep Allah happy. These makhlooks cannot do anything for you. If you win the whole world and Allah is angry with you then its very bad. If you win Allah and then even if you get nothing in the world, it is the best deal in the world.
Brother Abu Bakar, we want you and all muslims to go to Jannah and avoid jahannum. Please say the kalima once and read tauba namaaz with a sincere niyat of not doing such kind of deeds again.
May allah give 'hidaya' to these so called 'muslims'
Lack of religion knowledge for this Organization, to bring peace and harmony between different community, to win other communities heart just follow our Prophet's way, even look at other great historian traders like Malik al Dinar / great Muslim Scholor like Kwaja Moinuddin Chisty, how they won other communities heart.
Innala Lillaahi Wa Innaa Ilahyi Raajihoon
Well Done Muslim Brothers.. This should be the way to spread message of peace and harmony. Don't follow the people who copycat Arabs thinking they are following true God. Nothing is proven yet. Don't worry keep the good work going.
Inna Lillahi Wainna Ilaihi rajioon. Muslims left the work of dawah to non muslims & indulging in shirk. Whatever Horekanike you have given is totally Haraam and the sad thing is that people who are doing they are expecting good from others but not from Allah. Haji abubakar parkala, Name indicates that he might have done HAJJ. What is the use of Hajj if they do shirk with allah. May allah give us hidayath.
Dear all,
People of this organisation(UDMPSS) neither muslims nor Hindus, they are only pretending, they can't be trusted anywhere!. beware of them.
These foods should distribute to the poor... they will make dua for the committee... THESE FOODS WILL BE THROWN TO THE GARBAGE AFTER 2-3 DAYS..... NOR THEY WILL EAT NOR THEY WILL DISTRIBUTE TO POOR.... USELESS FELLOW
NOW NEXT HINDUS TURN TO SHOW TO PROMOTE HARMONY...
THEY SHOULD DISTRIBUTE COW TO MUSLIMS AT THE TIME OF BAKRI EID.....
This is really a crazy.....not good at all.....common guys there are many poor Muslim children who are suffering from malnutrition....go and distribute this food items to them....instead of this chaddi worthless creature....this is really a tragedy...
The committee should also know that Swamy was all alone went to Ayodhya from Udupi to demolish Babri Masjid. Which was the main reason behind the communal riots and communalism started in throughout India till today.
Now some Swamy's personal benefited chelas are doing in the name of muslims. Shame on you.
We muslims should keep good relations and harmony with other communities by providing food, shelter, cloths , medical aids to the poor daliths, hindus and Christians but not to give the billionaire Swamy who is always against other communities including daliths.
Next time you can do kola and parba too...
Innaa Lillaahi Wa Innaa Ilaihi Raajiwoon
NAUZUBILLAH
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