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
Masha allah a great humanitarian work by Haji S.M.Rashid and his dedicated team. Really commendable. It is need of the hour it will benefit the poor family when their breadwinner will lost their life or met with an accident. It is a unique project undertaken by its founder president. It needs encouragement and support from the DK people.
May allah reward all the members involved in this work.
Wishing all the best.
great ,really very good thinking May Almighty Allah grant long life to all of you for this noble work . we like to donate and help for this great association
Very good move by S.M.Rashid haji,I hope & pray it long last. The
similar organizations are still in existance, i.e. Central committee
with different kind of services.The condition laid before the muslim public that those who become the member of DKMA only
get benefit is bit confusing.Hope that will be solved meaningfully.
Masha Allah great association!!!!
Now the needy will get less donations and moreover surprised to note that there are no hanafi members and would like to know is this something to do like the Beary community as this should not be named DK muslim association as there are hanfai`s also in the district who have conrtibuted hugely towards the community.
Masha allah
Great formation of DKMA under the leadership of Social worker,educationist Haji S.M.Rashid. Nice to see both respectable Khazi's in the function. Keep it up your good work. May allah reward for all your good deeds. I think it is the inspiration from the GCC based NGO.
Wish all the best to all the members of DKMA.
Very good cause. Appreciate Rasheed Haji's commitment and dedication.
A great step. May Allah grant barakath to all of you for this noble step. And kindly give us information if we also can donate it as part of our zakath. If yest where and how?
Good initiative. All the best. Politicians only promise.
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