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.
The 42-year-old Beary artiste-cum-politician, who had earlier served as the vice president of the Dakshina Kannada district unit of the Minority Morcha, will now also be in-charge of the minority unit of the saffron party in twin coastal districts of Dakshina Kannada and Udupi.
Comments
Please watch PK Movie, you will understand what does PK means... Cheddis alwz see Pakistan in their dream, its your fault for not using your mind to recognize the cheddi deception. Till when will you submit to the cheddi's lies and follow & support their evil agenda..
Use your intellect and be honest. We all clearly see their Lies and deception. Never think they will not be accountable...
DONT BE A WATCHMAN OF BJP AND RSS
Mr.Raheem, You have the right to join any political party. But please do not misquote Quran & Hadees for your benefit. i watched many debates in local channels , you were misquoted some ayath & Hadees about Go Hatya & Conversion. Political position is temporary but atleast show little bit ethics in your life. Do not justify Kalladka Bhat Hate speech /Soolibele about madrasa.
People are ready to release their families for their personal benefits. This guy doesnt even know what is Hajj Subsidy. He was claiming in one of his speech that \Muslim are receiving subsidy which was supported during AB Vajipaye govt time\" and muslims should support BJP. My dear, there is provision of subsidy to all religion if they are travelling abroad as pilgrim. Search it. Dont be so cheap to claim against own religion. Shame on you."
Dear brother Rahim uchil,
Congratulations for getting new responsibility. Hope to see some positive results this time from saffron party towards muslims. Take those comments as challenge and do something good for community. Hope to see you in more and more good positions. Wish you all the best.
Rahim, Uchila, you give answer in Mashara OR jahannam.....who bothers ???? your answer proves that you do not have guts to face the people........ Some one compared you to abbas naqvi and shanawaz hussain...... they married to young Hindu women .
If possible, do one more thing, work for the cancellation of Haj Subsidy..... Owaisi is struggling to put this in Modis Bheja, but it is not going.... try your best and tell the Muslims, that Allah do not need the haj from us with the begging from Indian govt.
Congratulations brother.
Masha Allah. Congrats Rahim Uchil. You are doing good job. BJP is far better than Congress and Rahim Uchil is far better than all Congress leaders from the coastal. He is a pious Muslim and a die hard fan of internationally acclaimed scholar Shaikh AP Abubakar Musliyar.
My message to Rahim sir: Dont care wahhabis and salafis. Our prophet has said muslims will be divided into 73 sects and only one will enter jannah. Who knows that sect might be the one which is with BJP!
Good answer brother Rahim Uchil. Dont care about jealousy people. We are all with you. In fact this news portal has more Wahhabi commentors. Just dont care them. Let them keep blaming. As Rohan sir rightly said, you may one day become a minister. Then those who are blaming you now, will be at ur threshold for your permission to bring their zakir naik to mangaluru. hahaha.
Bjp and RSS is behind minorities and daliths, they are doing every efforts to curb these two relegion. Their paid servants are asking our leaders head for lacs of rupees. So any one who go behind these RSS is not our men. He is against our relegion and against us.
I really dont understand why some people are so much narrow minded. he has given some responsibility. Muslims must congratulate him and try to take maximum benefits from his position. Who knows after next election he may also become a minister.
Anyways. All the best Mr Uchil. Go ahead and do good for the society and also for your community.
Just reward for defending communal news paper which published article against Islam and our prophet. He losing religion/people for Duniya's political career.
Mr PK (Comment No.8)
Your name also suggests that u r a pakistani fan. by the way Mr Rahim Uchil is appointed as BJP Minority Morcha vice president. And you are advising him to do the works of Mukri Morcha vice president! thats very funny!
Dear raheem uchil, may allah guide you to understand islam...aameen
Before answering to all the above questions you need to prepare yourself here in this world.
Congrats Rahim Bhai. You are one of a very few nationalist Muslim. We are all proud of you. Hope you will change the fate of ur community and teach them nationalism.
His life style fits into BJP which is built on corrupt foundation. The man never hesitates to do anything crime for personal benefits. This is the quality against the Islamic values.
EFFECT OF DIGITAL INDIAAAA.....
Dear Uchil,
Now that cheddis have given you the certificate for your commitment. from president to vice president.
Atleast save them from falling into the fire.
Tell them : Idol worship is wrong, its also mentioned in vedas (na tasya pratima asti - there is no image of God)
Tell them : There is no god worthy of Worship except ALLAH and Muhammad pbuh is the final messenger of ALLAH.
Tell them : Every deed in this life will be accounted and will be judged for an enternal life of heaven or hell.
Tell them Good deed will take you to heaven
Tell them if anybody did evil... ask forgiveness with God and promise never to commit again. & also ask forgiveness with the person they committed crime.
Tell them :
Dont hoist pakistan flag and blame muslims
Dont create JNU and doctored videos
Dont keep news anchors who decieve public with Lies.
Dont create unrest with false love jehad
Dont create face book page in the name of Muslim identity
Dont catch innocent MUSLIMs and DALITS & torture.
Dont Make bombs, they were already caught many times while doing it.
Dont kill humans for cows. it doesnt look better when we see international news.
Govts are not permanent, tomorrow it may be out of power.. People already know now who is a leader and who is a deciever.. Y dont YOU recognize it?
Another Naqvi or Shanwaz he too will be fit in nothing
Poor Chap what a pity.
I will give answers in mahshara.. In sha Allah
Clearly Cheddis are barking against Muslims and Dalits... and this Cheddi chela blind to see it...
Cheddis are very cunning in deceiving the people including their own cheddi members.
U have already become a weapon for cheddis to fight our own BROTHERS in faith.
They use dalit members to attack innocent which we now know .... whats their fate (Some spending their life in prison and some are on the run to the courts and some even in hideouts)
Only ALLAH knows Whats your intention by joining the haters of Muslims who opening deceive public about the peaceful religion.
Head Master of the school where there is only one master in the entire school.
Congrats Rahim Yachil, Engage Praising R.S.S an BD Goons acts and following kalladka Bhat, you will be prosperous future in National level.
Congratulations Master Rahim, For Saffron Terrorist team Have to Have a good Speaker like you Uchilas keep it up so far you doing great work for Saffron Criminals, you criminals forgotten about Master Chaddi Anwar Manippady, he might have seen this message sure he will do like before how he left our great National party Congiieee!!!!! look like nowadays barking dog never bites.
any way master uchil you lucky man become a member of Yeddianna group.
BJP needs such muslims who are ready to sell themselves for the sake of money and seat though their own people are suffering from this hate mongers of BJP.
I hope this man was there in the sangh parivar processions who attacked Muslims and ransacked their propertities plus places of worship.
Dear Rahim, i could not understand what will be your fate on the Day of Judgement for your injustice to your own people You are supporting the terrorists who are after Muslims. shame on you.
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