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
Waoooooo.....
Beef Sukka will be the main menu in this party.
What an idea sirjee, truly a international ___ agenda.
First thing is attending iftar party of haram earning is not permissible to a muslim.... dont host iftar party to show unity in hindu muslims instead go and save the poor hindu muslims who are dying of hunger and non shelter
Indresh Kumar who is the master mind for Samjoutha Express blast and accused in many terror activity in India..! Let them arrange Iftar party at Nagpur head office.
ALLAH is the creator of all that exists and even RSS members comes under it... they are not excluded.
ALLAH will judge according to our deeds done in this life and reward HEAVEN or hell which is eternity.
ALLAH sent many messenger to convey the message of knowing ALLAH who created all that exists & WORSHIP him alone without associating Partners with him.
ALLAH sent QURAN to the last and final messenger and its a guidance to whole of HUMANITY.....not just Muslims.
Quran asks MANKIND to ponder, contemplate and research on what it says. It also asks the intelligent creation of ALLAH to think again & think.
The ONE who is intelligent will understand it better
The ONE who doesnt want to accept - I feel pity on him that he could not recognize his CREATOR.
ALLAH knows What is RSS PLAN here. and ALLAH is the best of PLANNER... Any MUSLIM who attend this iftar party should convey the message of ISLAM. and also mention what happens to human life once ALLAH takes the LIFE back which he has created in the first place.
He can create us once again to give JUSTICE ... its easy for him .
WORSHIP THE CREATOR NOT HIS CREATION
Waoo wonderful Idea what for MRM looks like another part of 72 divisions of the group, any way, things are very/very good Ideology but do not Forget to Invite Our Master NAREN Bai !!!!!!!! you must call him he should have to have see the unity of a group!!!!!!!! no Gangasara served, Naren go buddy enjoy with your friends. Chalo Gujarat, you can see some of the Looted and Burned building.
if this sanghis can serve beef in this event, that will be the great meet i can call.
some negative comments i can c i will challenge those to celebrate diwali and show their real colour, some unwanted group of the country dont want the unity between the two. this is really sad because of few people.
all the best. will pray for the success of this program and this meet should be presented every year.
good move by sangha parivar, lets unite together,
Wow great anyways all the best for this great meet let both the party unite together,
Beef Sukka Serving!!!!
wow good one, everyone can attend?
Sangha Parivar doing good job, lets some dogs bark, nothing can harm the society and true agenda of the sangha parivar. they only want the growth of india. lets support it atleast instead of negative comments.
Please beware this RSS iftar party ...tiz is NAMROOD NARENDRA MODI
Plan...protest tiz type of iftar party....
DRAMA!!!!
or
SHOW OFF
OR
REALITY????
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