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
The actual FACT is during Independence and Partition of India & Pakistan, British as usual left a piece of land so that there will be no peace between India & Pakistan (in-case if they join Hands they will become Super Power of the World). The only solution for Peace to Prevail is leave Kashmir to their people. Let them decide which part of Kashmir they want to stay, make partition, I know this won't be done as for political GAINS, Let the families of Politician start living in Kashmir and feel how it is to lose a loved ones. Just by blaming Pundits and Muslims wont work. Killing innocent people by either side is just to brainwash the Public and to keep the rivalry alive on the basis of religion and country.
Malala , you have yourself experienced how inhuman and ruthlessly atrocious Pakistan Government is. As they manipulated you and your family’s circumstances to harass, they are exploiting and manipulating India’s freeness and all-inclusiveness to keep Kashmir and its denizens in constant turmoil to get pleasure from other’s pain. They are doing same to Baluchistanis since partition and the Kashmiries of Pakistan held area are extremely unhappy and are in totters due to this policy of Pakistan.
Its Pakistan's fault not Indians....Pakistan should stop sending terrorists to India ...which is not happening at all....that is why Kashmiris suffering around there...
Malala should advise Pakistan government first not to involve with our domestic problems....
It is good for Kashmiris if they stay with India as far as their security and economic developments are concerned...
True that Malala has suffered beyond our imagination and came out of it bravely. But that doesn't make her an expert in everything.
Dear Malala, Can you please talk about the inhumanity and heartbreak in Pakistan-occupied Balochistan?
Malala Request you to please stay peaceful and stay happy and not say things that don't fit into ur vocab pls.
I didn't really used to like her but now my respect for her has gone up a lot.
Do you live in delusional world..what should paramilitary forces do if someone is breaking law and order of any country
Lets hope this time her voice will be heard as she has won Noble Prize for PEACE. Lets wish that India will keep Human Life above her EGO and will look Kashmir with HUMAN eye before there is no solution left
Dear Malala, Surely New Delhi government and Kashmiri people need to work together. Your concern is respected.
India in committing a genocide in Kashmir by killing innocent people SC must take notice of this.
As much as I admire Malala, I hate to see her get into Politics and Indo-Pak disputes. There are enough noises being made, or have been made, to no end.
please advise the kids to stop pelting stones and focus on studies to snatch the opportunities from rapidly growing Indian economy.
Thank you Malala for raising your voice in our support.
Since you are an influential opinion maker, I hope the world listen to you and stop the perpetrator from committing these atrocities against us.
Malalaji, Welcome to politics.
Dear Malala we respect you. But it is not government of India or Pakistan decide the future of Kashmir. There are some third parties who really want disturbance or conflict in the valley.
Trolls across the border always loved everything Malala spoke about. I hope they do the same now and accept stark reality!
Thank You Malala, for your kind words and care about Kashmiris
She is a teenage girl with little understanding of the dynamics of terrorism inspite of being a victim of it herself. The valley has been infected by the terror virus with religion which drove away the natural inhabitants of Pandits from Kashmir being hounded from mosque sermons. Many got murdered and not so lucky to escape. No one thought of their rights, now a generation has spent the life as refugee. Neither India nor local Kashmir government or the world body cares to it. However Pakistan terror export looks working well, but it is always the civilian who pays the price.
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