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
hahaha howdu mama , mama helda avnu helidaage madrappa , research anthe kumda ...1400 years bere ... funny ... we have seen your law in ISIS . to rape non muslims how ur law was used ... fight maga , do onething .. first muslims show they practise 100% sharia , then we will believe ... 95% crimes , rapes , terrorism , cheating , fraud , chain snatching done by your community ... first role model agi amele nimma religion law na national law alla international law madana ... i was reading a funny groom requirement in one muslim matrimony website .. groom must grow very long beard anthe ... mama nin research prakara yaake mama? helappa .. beard gu dumtaka madkolodakku difference yenappa ...
Rasheeda can wear bikini in summer season it's best for you, like uncovered chocolate
In Islam TALAK(divorce) is not easy way. For Talak(divorce) should be pass from 3 stage. that's called 3 TALAK.
Some Muslims and Non Muslims thinking that, one who telling at a time 3 TALAK, TALAK is over. It is again shariya(LAW) and they donot fear Allah(s).
Muslim cannot give TALAK for simple issue. Allah(s) will punish those who are giving TALAK for simple issue and those who not follow correct way of TALAK.
Islam gives ways for couple who couldn't get together...In certain religion there is no such concept of divorce once they are married there is no way of separating till death ...In Islam talaq or divorce is discouraged...If the couple can't get together then it provide means to seperate through talaq...If once talaq is said it doesn't end in divorce in between there is way to reconcile,couples should try to keep aside their differences..Only if scuffle further continues then it is better way to get divorced rather than ending in violence..There is nothing called 3 talaqs in single setting..It is against the concept of talaq..There are people who misuse it..There is talaq and waiting time
For women there is concept of khula if the men doesn't look his wife well she can divorce him through Khula...
For those who comment with pseudoname on burkhah...Burkhah is not recommended...Islam only says cover your hair and body and be modest...If someone is unhappy they can go in khujrao style we are not forcing them..For men too there is hijab..I.e from top of navel till knee..Body of men and women are not the same.......Most of our women wear burkhah willfully..Not like a man forcing women and tying tali on her neck..which she has to carry the burden till her death
BCH & MCH .... Krishna polygamy? Venkatesha polygamy? I also polygamy. So what turkanna. Anything I am readyMCH. Rule must be same for all human beings.Every one who sticks to one God are fanatic MCH. so shut up.
Dear avinash, Your comments shows how ignorant you are. Please think and analyze. Hizab is required in public places not at home. This is for security and modesty of the women. Actually she is not suffering , the person who want to see her beauty or nudity is suffering. Please check the diffrence between the women who wear hijab and other with sari. In sari you can figure out everything about that women which usually men like you want. This is weakness of all the men.
Hijab also treats all the women at par. You can not differentiate her as white/ Black, rich or poor, what she wear costly one or cheaper one? I think hijab should applied for all the women irrespective of religion for the safety and modesty of the women.
Regarding Talaq & polygamy , We know , sometimes uncultured people misused and endangered to the life of muslim women .. but compared to misuse of human laws or any national laws , is misused very less ... even complaints by muslim women also very rare except some modern women by the influence any particular vested interests....
In a civil country , if anybody misused law , actions to be taken against them , banning it is not the solution...
Burkha , Hijab are the modest dress to pious people .. there is no compulsion to wear it , if you doesn't like , you may find , a lot muslims , who do not wear burkha or hijab... questioning others rights to wear is like..... I am prostitute ... demand for others also same....!
Now a days there is season of challenge done on Islamic rules ....
Good for NON MUSLIMS ... (Other wise there are some honest non muslims who are EAGER to know about the CREATOR, if such thing doesnt happen they will never know who is their TRUE creator)
Despite several reminders from Muslim leaders which they also quote from various religious scriptures that GOD is one and Worship him ALONE...
People are still not waking up for the message of ONE GOD. who created them and all that exists..
Now There are few leaders who challenge the GOD's law...
& We MUSLIMs expect that cos Prophet Muhammad pbuh said a Time will come when people dont know who is their CREATOR. and there will be many followers who will follow BLINDLY (Without even pondering HOW they Got this LIFE, What is the purpose of LIFE and living a life of UNAWARE)>>> It is happening infront of our EYES in the present age..
If we study sharia law.. We will never complaint on its wisdom.. But When the ignorant leaders make bow bow many who doesnt know or read about sharia law are all clapping the hand and queing up to jump in DARKNESS>>>
Study SHARIA LAW and know who is the CREATOR.
Know one thing GOD is most merciful... He gave many chances to Pharoah, the most evil person who tortured the people of MOOSA Pbuh during his time... We should read about his END
We should escape the END result... which will show the real MARKS whether you Passed or NOT.
Know the rule of the CREATOR and STop your following BLINDLY
Hmm.. Not Surprising, the Central Govt. Panel (moderated by VHP ) is keen on enforcing a law like this.
Dear Sanghis, remember the song in kannada - \ Naari ya Seere kadda, Radheya Manava Gedda, Kallara Kalla KRISHNANU..\" :-D
And they want ban on polygamy..What irony !!
With regards to muslim women asking for such law, we muslims wouldn't really have much of problem if the Govt. brings such law. We understand these women, as some men tend to take unfair advantage of the given Shariah Law. Infact, this law banning such Talaq, and polygamy, will make us more responsible of our community and discipline us.
Banning hijab, hmm don't even think of it. If these women don't want to wear, let them not be forced. and let them
also not enforce their thoughts on other women who want to wear Burkha/Hijab etc...
BTW, Can sanghis help me in identifying the names of these models in the architecture of Khujarao , Belur temples..."
Comment by so called Rasheeda looks doubtfull name. First of all there is no compulsion in islam. Any one need to follow the shariah of allah can follow ,if you need to follow satan you can do that. But always make the better choice for yourself. Choose paradise instead of hell, hell fire is much more more hotter than this worlds peak summer.
Make Islamic law a Indian law so that it will become uniform law. Since Hindus or Christians do not have any religious laws there should not be any problem for them to follow Islamic law. Hope Govt of India make Sharia law applicable to all Indian citizens. Please note Criminal Law is already applicable equally irrespective of their religion & Muslims do not have problem with that. 1400 years of research has been done on Islamic sharia law and is practical law unlike man made laws.
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