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
All these because of lacking of knowledge of fundamentals of Islam.
Islam is perfectly taught with boundaries for what to be done and what not to be done.
What to be done are : Farz, or obligatory deeds
What may be done : N compulsion, but doing can lead for extra reward
Not to be done Prohibitions : These should not be done. Like Associating someone with the True God who created us who only deserves to be worshipped. This is a biggest crime in Islamic point of view. Other prohibitions are eating pork, liquors, adultery, gambling,
Now the things what happening mostly in Dargah are worshipping the graves, which is the biggest crime. This is forbidden to both men and women. People can visit the dargah and pray for the dead people in that grave. But begging the dead there is prohibited.
Really those dead bodies can not help us, in contrary those bodies need prayers, wishes of living people.
We can visit the dargah in the intention to pray for the dead in the grave and to say Salam. Doing like this properly is not sin.
Wrongly Visiting Dargah can mislead to sin,
And not visiting Dargah does not amount to sin.
Therefore people lack basic teaching of Islam.
A MUSLIMAH ( True Muslim Women) will never ask with any other creation EXCEPT ALLAH... Those who depend on other than ALLAH will get what they want but in the end they will fall for the trap of deceivers who are attracting the people who are WEAK in IMAN to their way of worshiping the graves or asking with the graves.
THOSE who have faith in ALLAH will never ask or depend on, other than ALLAH. They are Satisfied with what ALLAH gave and Say ALHAMDULLILLAH in whatever situation comes their way... Congrats to such MUSLIMS and MUSlIMAH who trust ALLAH and follow the teaching of Prophet Muhammad pbuh... who never showed us Such CULTURE of DARGAH ViSIT..
Prophet MUHAMMED pbuh said... Visit GRAVES to Pray for the one who is in the GRAVE & REMEMBER that one day our fate will be same. So dont live in this life in ARROGANT or do injustice to Others.
Dear Sahil, if they knows the meaning of Namaz or Salah they never visit Dargah. Here may be RSS behind such kind of demands.
These so called muslim women don't know Islam. so they are asking entry to Dargah/Grave yard. Who stop them to go there go and enjoy.CD Editor please remove Muslim woman tag because muslim women never ask such kind of demands.Better tag Ahle biddah women ask entry to darga.
They dont bother about namaz..but worried about entry to do shirq
Haha..funny..they dont bother about performing namaz..
But worried about entry to dargah to do shirq..
Dear CD team. Please be careful when you posting one sided opinion about practice of Islam. You have reader from all sections.
REALLY SURPRISED TO SEEE THESE MUSLIM LADIES IN ROAD PROTESTING FOR ENTERING THE DARGAH ,
FIRST THEY HAVE TO OFFER NAMAZ PERFECTLY I DONT KNOW WHAT THEY WILL GET IN DARGAH ....
THEY JUST VISIT TO ASK TO THEM.. THATS NOT GOOD WE HAVE TO ASK WITH ALLAH HE IS OUR ALL MIGHTY ..
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