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
Look at the Khazi,
I remember back in mid 2000 he was based in BC road or Bantwal somewhere....
MAY ALLAH GUIDE HIM TO THE RIGHT PATH OF ISLAM
Racing to narga.
Race to narga.
Foolish people.
Tussle for power and Money!
These Khazis and Thangals must focus on other issues of the community instead of wasting time in such stupid subjects, Dargha means business nothing else.
@Sini Mol.
It is permitted to enter women into masjid in Islam. In gulf countries there is a separate place devided in the masjid for women to pray. It is common in all the public places that provides women a separate place, like bus seat or in the a
when will Muslims abandon darga which has no place in Islam ?
Haha Fooolish People.. Let the wrath of Allah be on the Grave Worshipers who is not ready to accept the truth.
Allah Messenger (SAWS) you will indeed follow the way sof those you, hand span by hand span, and an arms length after another. Even if they enter the lizards hole,you will follow them. We (the sahaba) asked is it the jews and christians? He replyed who else!.
One more thing
Enklena boka niklena dever de difference ijji. Enkelna dever kulder...Niklena dever Jaider - Unknown
Please ponder!!
@Sini Mol,
For your kind information, Islam not at all prohibited women to enter Masjid. I can quote many hadith about this. Some of the Pseudo Muslims in our country opposing this. They are doing opposite what Islam says. E.g. Women are not allowed
Dear
Believers NEVER despairs, They already KNOW the FITNA (trials) of this ERA... and Most of the MUSLIMS never understand such FITNA unless they FIRMLY GRIP their FAITH in ALLAH. (They will never bow or ask with the dead or to get barakah from the GRAVEs)
BELIEVERS SOLELY believe & Depend on ALLAH alone.... ALLAH is enough for them. May ALLAH include us in that Group.
They already know everything is with the permission of ALLAH, They already know cos the Prophet Muhammad pbuh said that a time will come that the BELIEVER will be very FEW but MUSLIMs will be a lot...
This TUSSLE is for the GOOD... Most of the MUSLIMs understood the POWER OF MONEY. They REALISED Who is working for the MOney and who is working for the FAITH.
RESPeCT the Auliyas the way prophet Muhammad pbuh taught us. Not the way which was never seen in the times of the SAHABAS... and the 3 generations... We might fall into SHIRK (Associating partners with ALLAH) . May ALLAH protect us from falling into SHIRK unknowingly...
Alibaba Chalees chor
I heard that Womens are not allowed to enter the Mosque.But i could see ladies Walking around the Mosque in last Picture.Can any one tell me is there any different in this Mosque.
Im a regular follower of Dr.Zakir Naik where he says in his speech that it is permissible for womens to enter the Mosque to pray with Allah. As Prophet pbuh wife's used to go.But in Kerala Women are not allowed.Muslims follow same Quran then why there is two rules in Islam. Please explain.
Shameless creature.....money speaks....
Look at khazi's face he doesn't like to see their face (Elected Peoples) which means he is not satisfied with them
PRESIDENT FOR CENTER OF SHIRK...????? NAOOZUBILLAH.
Any credibility left with khazi Khoora Thangal?
finally its end, congrats to newly elected president do good development to the dargah.
It is very sad to see that our people worshipping the thieves.
Who is this khazi and other leaders in ullal? All these people are mallus. They dividing the people in Mangalore.
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