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
MLA Shakuntala Shetty was in RSS and was BJP MLA for a long time. Her blood is contaminated with RSS/BJP venom and still it survived with her. That's the reason she opposes AB Ibrahim name in the invitation letter, that was diktat of VHP/RSS of Puttur. As an Administrator for Mahabaleshwar Temple, DC name has come. No fault with AB Ibrahim.
I remember, some years back, there was rift in Jamiya Masjid, Udipi, that case was before the High Court of Karnataka. High court of Karnataka issued interim order, appointed Mr. Ashwat Narayan Gowda, ASST. Commissioner of Kundapur Revenue Department as an administrator for this institution. The Wakf Board, and two parties of Jamath did not objected for this appointment, adhered to the court order.
I think DC must stay away from this event, to avoid any un-precedent incident may take by the Saffron Goons. These people have no respect for law and order.
Al Hamdulliah, Mr. Ibrahim, Praise Allah, who protected & skipped you from doing a great sin(sHIRK). All Muslims themselves away such type shirk celebrations.
May Allah Guide us on right path.
Al Hamdulliah, Mr. Ibrahim, do not be sad, you praise Allah, who (Allah) saved you through rival group, away from commiting a biggest sin (Shirk). Muslims should not participate any shirk events. May Allah guied us on right path and protect from any shirk.
It shows how people disrespect the guest.\Atiti Devo Bhava\" preaching religion did 'U' turn. Why did they invite him? I request DC not to attend such non sense festival and waste time. Instead spend more on the sensible works. God bless you."
It shows how people disrespect the guest.\Atiti Devo Bhava\" preaching religion did 'U' turn. Why did they invite him? I request DC not to attend such non sense festival and waste time. Instead spend more on the sensible works. God bless you."
Mr.RAI
You are already Succumbed to VHP after Elected ....as you didnt arrest Kalladka Bhat
Inside chaddi and outside congress....not good...camouflaged.
District Congress leaders started making drama now! I don't think that she need some pressure from VHP to do so! Why only Shakuntala Shetty? There are many in the party having such a dirty communal mindset! Who suffered loss in this game? Not DC Ibrahim. Congress party's true color exposed.
If Congress Party does not take any action about Saku akka, next election we will remove her and choose One of the Great Puttur Secular Congress Leader Hemnatha Shetty kavo, also we r all congress member under to go Hemantha Shetty leadership....
for not only he s muslim, it may be other reason also.
Mr. Rai..let sukka shetty remove his name for god sake. Leave that gentle man alone he is doing some good work for D.K. Nowdays human being of smart city just needs a reason to stage a protest. nowdays no news so they got DC in news.. All knows she is under sanghy mind so she will do wat her sangas teach her.. ITs better to remove his name and be happy.
Kalandar why remove Shakuntala sheety? Rai is also hindu, he also know temple law... Congress is only playing in this issue, you people are also blindly this congress, wait and you will see what happened is.
Please invite Mr.Mujahid Balusheri so that he can teach what Islaam is ?What will be their fate life after death? why idol worship is not allowed etc.. to the Innocent people of Puttur. Rather inviting D.C. Mainly we support the Ms.Shetty for her proposal of removing D.C Name bec of her D.C is saved from SIN. Alhumdulillah.
Mr Rai please remove her from Congress party, she is not secular MLA,
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