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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All that is on earth will perish, but face of your Lord will abide (forever) full of majesty, bounty and honor - Holy Qur'an 55:26-27
Nobody like rulers, bureaucrat or any citizen is bothered or cares such accident specially in Mangalore.
Human lives have no value specially for 2wheelers.
We are talking many projects in our area.
This is daily disaster. If we wish we can prevent such accidents with some good planning.
Such accidents are not UNPREVENTABLE.
If we want to allow our people to use 2wheelers, first we should plant to prevent and how to escape from these accidents.
Otherwise we all should by law or by force avoid using such vehicles.
At least our leaders in the city like DC, SP, RTO, MP, MLAs, Ministers, all those who use 2wheeler, please wake up and do the doable thing to save our people's lives.
Sad incident....... RIP
RIP... Feeling very sad... :-(
we CONDOLE but anybody thinking about death and do GOOD and stop evil... those who do good & recognise the true CREATOR, and submit to him to find the everlasting heaven.. which is the gift that God gives those who recognize him & follow his & his prophet's command..
My heartfelt condolences to you and your family. I will surely miss the presence of a truly loveable and kind person.
I am deeply saddened by the loss that you and your family have encountered. My condolences
It’s terrible to hear about, my sincere sympathy to your family.
this bus drivers are very rude on the road, put him behind bar for atleast 20years. he is a real murderer.
You and your family are in our prayers. Sorry to hear of your loss mam.
Our hearts are saddened by your loss and our thoughts and prayers are with you
My deepest condolences for your family's loss.
really sad, she s one of the good lecture in our college, we really gona miss her a alot. love u mam
Heartfelt condolence to the family, nobody can pay the loss to the family.
JESUS SAID :
The father is greater than I - John 14:28
The Lord our God is ONE LORD - Mark 12:29
By myself I can do nothing - John 5:30
I ascend to my Father & Your Father - John 20:17
PAUL SAID :
Jesus is equal to the father
God exists as 3 persons
Jesus is all powerful
Jesus is the only son of God..
Recognize Who speaks WHAT? A thought for the thinking Soul.
Really Tragic ! just before 6 months she joined as a lecture in agnes all her dream went in vain because of this half finished road.
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