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
\Hindutva activists raid Thomas School...\" is wrong caption
It should be, \"Hindutva Goondas Attack Thomas school ....."
Why you call these raid, Raid can only be done by government servants.
This is called Gondagiri, what the hell police is doing, arrest them.
I think as per this English should be banned as the language belongs to England.
If learning or teaching was illegal they would've spoke to the head master, or filed a case against the school.
For muslims ARABIC is first language, its the mother of all language.
hahaha look at their face and their dressing style! Their presence itself shows they are uneducated goons.. Hardly one or two guys may be passed 7th standard. All poor hindu guys are running up and down in search of arabic classes and gowmootra.. Upper class are enjoying every position in all indutries.. Poor guys.. Lage Raho..
Hi all the people of Mangalore,
Who r these people who haven't seen the steps of school and wanna dictate what is to be taught and what not? There are education boards set up for all these purposes. Where is Mangalore heading? Who has brainwashed these people? First those people should be acted as per law who leads such goons irrespective of religion? How can U expect a place to develop when U don't have a mindset for broader vision and tolerance? Anyone who speaks against some party becomes Anti national!!!
V r giving more important to Cows than Humans. If people of Mangalore unite at such circumstances, then law cannot be taken into hands by any groups, irrespective of religion. It's high time that we unite against such shameful acts.
Expats including non-muslims in gulf countries would have craved for knowing Arabic in their childhood because they know that they can have edge over others and would have got better pay in gulf. These people do not understand this. They are struck with some bad mindset which makes them to oppose anything associated with Muslims. It is difficult to learn a language later in life especially Arabic.
Uneducated goons don't know the value of languages..... moreover why sanskritbis taught in school....
Go maataas are in need of these sons in Gujarat where dalits stopped work.....go and serve the Go.......let's see how many patriots nationals from chaddi Canara sena will go....
Saffron TERRORISTS, not activists.
Many non muslim working in ARAB AND ISLAM Country for job purpose they have to learn ARABIC language and also english is foreign language are going to stop english language in school or in colleges this SRS are un educated so they fight ....
Arabic is an international laungage spoke widely in many countries. There are many million Christians , jews and other non Muslims for whom Arabic is mother tongue. In every gulf countries lakhs of non Muslim join Arabic language courses to get promotion in their jobs. In Kerala there are non Muslim Arabic teachers. These narrow minded uneducated ravan sena are defaming our district and country by their criminal acts. Law should take stern action against these anti social elements
Nayig yenchina gottu Limbeda uppad
These SRS goondas should know that, it was not compulsory.... Those who do not want to learn, they are free to keep away.... so, what is the issue ????? Look at the Words , that are taught, which are useful in daily life... like bank, airport, box, gooda angadi.... these are useful to those work in Gulf.... Bopanna KSA can throw some light on this issue.... Those who are interested , let them learn, others can SHUT UP...
RSS IS ONLY GOOD FOR THESE TYPES OF THINGS...
LET THEM SAVE THEIR MATHA COW IN ROAD FIRST...
should have banged arabic preacher :
these teachers dont have any other work, small children hardly study their 6 subject... in between arabic and other language to their head.
this unpaid shiva sena activists dont know the value of learning new things.
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