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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.

New Delhi, Apr 4: The Supreme Court on Friday urged Karnataka and Kerala to amicably resolve their issues concerning a border blockade that has choked the free flow of vehicles carrying essential items and patients in the midst of the COVID-19 outbreak.

Karnataka, which imposed the blockade, justified that its border was sealed to “combat the spread of the pandemic by preventing the movement of people from the bordering districts of Kerala to Karnataka”.

The State had moved the Supreme Court, challenging a Kerala High Court order on April 1 to open the border. Kerala has countered that patients from the State cannot be denied access to health care. Besides, the blockade has severely affected the supply of essential items, from medicines to food, to Kerala.

On Friday, a Supreme Court Bench of Justices L. Nageswara Rao and Deepak Gupta urged the States to not confront each other in the midst of an unprecedented public health crisis. Instead, it asked the Chief Secretaries of both States to sit with the Union Health Secretary and iron out a solution. Meanwhile, the apex court urged Kerala not to take any precipitative action based on the High Court order.

The court issued notice to Kerala on the appeal filed by Karnataka, represented by advocate Shubhranshu Padhi. It listed the case for further hearing on April 7.

Karnataka, in its appeal against the High Court order, said the blockade was put in place in the interest of public health. The situation regarding Coronavirus was “really dire”, it said. It warned that opening the blockade would cause a law and order issue as its local population wanted the border to remain sealed.

Karnataka argued that Kerala was the “worst-affected” State in the country with nearly 194 coronavirus cases. In this, Kasaragod, adjoining Karnataka, was the “worst affected” district of Kerala with over a 100 positive cases.

MP’s plea

The court also separately considered a writ petition by Kasaragod MP Rajmohan Unnithan for an order to forthwith open the State border.

The parliamentarian, represented by advocates Haris Beeran and Pallavi Pratap, urged the court to issue an ex-parte stay on the operation of the blockade imposed by Karnataka with its border States.

Mr. Unnithan said Karnataka’s blockade was “ill-planned and dangerous” and had led to loss of lives. Two patients from Kerala, in need of urgent medical care, died after their ambulances were denied entry at the border by the Karnataka authorities. 

Bengaluru, May 17: Amidst mounting demand form Kannadigas across the world for repatriation flights in the wake of covid-19 lockdown, Dr Arathi Krishna, former Deputy Chairman of the NRI Forum of Karnataka government, has written to Hardeep Singh Puri Minister of Civil Aviation to operate more special flights to Gulf repatriate Kannadigas from gulf countries. 

Dr Arathi Krishna’s first request in the letter was to add flights from Kuwait, Bahrain and Jeddah to Bengaluru as many (from Karnataka) are stranded in these cities in precarious situations.

In addition, she also requested for a couple of flights from Dammam and Riyadh to Bengaluru as there are more than 3780 Kannadigas registered to return from Saudi Arabia and members of Bearys Chamber of Commerce and Industry are requesting the same. Any number of flights from Dubai to Bengaluru and Mangaluru will also help the stranded people, the letter stated. 

“Old and sick people, pregnant women and others are in urgent need to connect with the world are looking up to you for getting flights from different comers of the world. Indian communities are hopeful that you will use your position to help them to get the much needed mobility at this time,” the letter stated. 

She also said that the people in Karnataka are grateful to you (Mr Hardeep Singh Puri) for adding two flights from Dubai to Bengaluru in the last two schedules and one flight each from Riyadh, Dammam, Muscat and Doha.

Dr Arathi Krishna is currently serving as the Chairman of the NRI Cell of Karnataka Pradesh Congress Committee and Secretary of Indian Overseas Congress.