Bajrang Dal holds arms training camp in Ayodhya, other sensitive areas

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.

Mangaluru, Jan 16: The Akhil Bharatiya Vidyarthi Parishad is holding rallies and meetings and distributing booklets across the country in support of the Citizenship (Amendment) Act, said ABVP National Secretary Harsha Narayan here on Thursday.

Speaking to media persons, he said that the CAA, which provides citizenship to Hindus, Buddhists, Sikhs, Parsis, Jains and Christians persecuted in Pakistan, Afghanistan and Bangladesh, was among the things that the ABVP was fighting for.

Mangaluru/Kasaragod, Jun 30: In what appears to be an ego clash between the officers of Karnataka and Kerala, around 150 Mangalureans including 12 pregnant women were evicted from the lodges in Kasaragod in the middle of the night and sent to Mangaluru.

Expressing shock over the incident, Mangaluru MLA U T Khader hit out at the authorities concerned for the lack of concern towards the stranded passengers. “If IAS officers don’t have humanity, what is the use of the IAS tag. Officers in the two states should learn to speak to one another and solve people’s problems,” he said apparently addressing DCs of Kasaragod and Dakshina Kannada. 

The 150 passengers had arrived on Saturday from Dubai in a chartered flight arranged by the Karnataka Cultural Foundation. The flight landed in Kannur after it was denied permission to land in Mangaluru.

But Karnataka’s nodal officer for stranded persons outside India C N Meena Nagaraj, an IAS officer, called up Kerala officials and questioned why the flight was allowed to land in Kannur, Khader said. She reportedly told Kerala officials that the passengers should be quarantined in the cities of arrival and that Karnataka would not take them in.

In the meantime, the Karnataka Cultural Foundation arranged seven buses to take the passengers to Mangaluru. By the time it was conveyed to them that they would not be allowed to enter Mangaluru, the buses had reached Kasaragod district. The representatives of the organisation made frantic calls to several political leaders. Congress leader and district panchayat standing committee chairperson Harshad Vorkady said he got a call for help around 10pm on Saturday. He spoke to owners of three lodges to accommodate them. The lodges were used by the district administration as quarantine centres. 

The lodge owners said they would take the passengers in only if the Kasaragod tahsildar gave permission. “So I called up the tahsildar. He only wanted to know who will pay for the lodging and food. When I told him that the passengers will pay, he gave permission. By midnight, all the passengers were put up in the three lodges,” he said. The police were also at the spot, he said.

According to the Covid protocol, those arriving from abroad should be in institutional quarantine for seven days and in room quarantine for another seven days. But by 4pm on Sunday, the police returned to the lodges and asked the passengers to vacate. They said it was the order of the collector. They produced the order to the lodge owners. The office-bearers of the Karnataka Cultural Foundation said they sought time from the Kasaragod police to arrange rooms in Mangaluru. But Kasaragod police denied it. 

On Sunday, there were Covid deaths in Mangaluru and the Mangaluru deputy commissioner was tied up as residents were objecting to the funeral of one of the victims. “By night, the police started threatening the lodge owners. The members of the Foundation said they would shift the passengers by Monday morning. But the collector would not listen,” said Harshad.

Around 11pm, the Kasaragod district administration brought in four KSRTC buses and sent all the 150 passengers to Mangaluru, he said. By 1am the buses crossed the Thalapdy border and Khader took over from there. But the MLA was livid with how officials treated the people. Collector Sajith Babu in a statement said his enquiry found that the tahsildar did not give permission to accommodate the passengers in Kasaragod lodges.