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
Congratulation Harinath!! all the best for your future plans.
So many rejected votes that means so many elected representatives whichever party they belong not educated enough at least how to vote. One who vote them has to be blamed. what work they can do for the betterment of the society. The majority of the winning candidate to knows raise two fingers only while they win.
jai jai BJP, Congrates Sumithra all the best.
Congratulations & All best wishes to our New Mayor harinath. Let Mangalore develop under your leadership.
Congratulations to deputy Mayor too. jai ho congress.
Look at our Photo obsessed congress leaders of Mangalore namely Bava & Vinayraj. Pushing and posing is their birthright.
Give first priority to invent Cancer (communal riots) treating medicine which is taking lot of innocent lives in Coastal area due to some dangerous virus spreading it. If you succeed in this you will be remembered as a best scientist in the History.
Congratulation......Keep going...All the best.
Congratulations to the newly elected Mayor and Deputy Mayor.
Finally we got a mayor.
Congrats to both of you.
Congratulations on being elected as new Mayor for MCC. Do your best to take this city as the best city in the state.
Hope new mayor won't use dhow as done by earlier mayor during flood..as a joyride..!!
Congratulations harinath, you deserve this after serving long years and we look forward your good works and smiling face.
Next What????? making money ya making developments?????
Congratulations Mayor and Deputy Mayor. God bless you both and all the best
Congratulations harinath, I am sure you will work for the development of Mangalore, specially on drainage and drinking water. May God be with you and grant you good health to work for the welfare of the people.
All credit goes to Khader, Lobo, Raikulu.....Congis worried about vote bank as all states are sweept by BJP and they are looking to retain Karnataka with the help of Minorities!
This is your mission to serve the city without looking your pocket, but serve the city with selflessness.to maintain safety in the region......don't look for the party and religion but serve as human.All the best
Please work enthusiastically, united, share each other, bring amicable solution for the problems,include innovative practices, future plans, keep vision Goal and mission.
Unnecessary Politics. Groupism should be banned. It is very unhealthy in the community.
Election is over. Sink your differences. All the members have the mandate to work together as a NEW TEAM to the steady growth of the MCC at the out set of the financial 'crisis. I wish all the best to the new mayor
All the best to the newly elected mayor of MCC. Hearty congratulations to all,
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