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
We are Sure that by having Phd Doctorate Our Leader will never make an foolish attempt of treating the PHYSICALLY sick people.But we will definitely treat MENTALLY sick people,Like Niranjan Pal,Anupum Kher and so on.
Welcome to Mumbai.
How much shame for us!!! we are ruling by uneducated goons.
Why can't Kanayya ?
If uneducated leaders are becoming Home, Education, Health, HRD, LAW, Defence , PM. CM ministers etc.
Not sure if Dr. Kanhaiya Kumar can treat them but sure he has created a lot of patients
Silly to have same word for medical practitioner and a degree. Valid for a non native speaker to get confused.
Bhakts will soon be queuing up to get prescription of Burnol from Dr. Kanhaiya
\How Will Dr Kanhaiya Treat His Patients?\" Well Earned PhD in Idiotology for Sanghis"
what! Dr kannaiah he is not doctor he is antinational will be in jail forever,
all uneducated joins sangha parivar!!
liquor ban job quota mandir masjid Kanhaiya Rohit Bemula all are vote bank politics
how can anyone take names of Kanhaiya and Dr Ambedkar together. What a farce
Dr. Rakesh Sinha exposing History of Communists on the face of Kanhaiya
How will Dr Kanhaiya treat his patients?’: As if controversies surrounding Jawaharlal Nehru University.
When bhakt overanalysed \DR.\", despite informing that he is doing PhD."
These sene-ass****s are more dangerous than Kanhaiya..
How stupid people can get, simply illiterate ! ‘How will Dr Kanhaiya treat his patients?’
I don't know what is worse. Venom spewing or ignorant fool ! ‘How will Dr Kanhaiya treat his patients?’
LOL these sanghis never fail to give me a good laugh
\There is a reason why uneducated one shouldn't not be our leader. Just see Niranjan pal statement on Dr. Kanhaiya"
Funny people do funny things
he he he funny man
Pardon them Lord!!!
I thought our \Prime Servant\" ji asked this question. thank god petty hindutva leader.."
Lol...No comments
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