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
ya kis ki hadiis lay kai ahyai hi. lanaat laanaat laanat ho Fatima a.s kay qatilu pai. maavya pai lanaat. yazeed par lanat aur ius ka chanay waloo pai lanat
Because there is om and moon star sign in a flag. People like viren kotian. Wont comment.
No real Muslim will hurt himself or hate others.......this is act of terror and cowardness
This practice is non-islamic and started by enemies of Islam.
THEY DEFINITELY DON'T REPRESENT ISLAM.
WE THANK ALLAH FOR GUIDING US TO HIS STRAIGHT PATH.
MAY ALLAH GUIDE THEM TO. AMEEN YA RABBAL ALAMEEN..
Really a pathetic. Uncultured way of behavior. No one can advice them. This is not ISLAM. None of the religion is having this type of act. I feel sorry about innocent children participating this type of worship. May Allah (swt) guide them in true path.
PEOPLE OF HELL.
Allah Ke Momin Bando, ye hamara farz hai ke hamain inko is jahalat se bahar nikale. Aaj ke tatrik me Islam ko hamse hi katra Hai. Jitna ho sakte utna Dawah ki kaam karo, Baki sab Allah pe chod do.
Aur media ko Asli Islam ki Robaro Karvao, take e propoganda nahi kare.
People are shedding the blood and the women are taking photos of the same. Really pathetic. What happened to their intellect? The non-Muslims thinks that this is part of Islam, and if this is the way people does, then they never want to come closer to Islam.
It is unislamic....and shirk.....very bad people
Really stupid. Is there any leader among them who can teach them about this evil practices? Why only martyrdom of grandsons of Prophet (pbuh), why not martyrdom of so many sahabas (p.b.u.t)???
Of course we have to mourn on the death of sahabas (p.b.u.t) but not this way, neither the sahabas (p.b.u.t) never did this way when their compatriot passed away, neither Prophet (p.bu.h) advised to do this way. Then where did these people get the idea of observing martyrdom in this way that we cannot find in the teachings of Islam? Obviously from other religions, may be from Judaism? Really shiaism is a black dot on the face of Islam.
Shaheedon ke naam pe Maatam Nahi manaya jatha hai ye sarasar galath hai
these are black dot on Isalm. Utterly Nonsense.
Prophet Muhammad pbuh said to fast on these days. it is better in the sight of ALLAH. and he never mentioned to harm ourselves as the shia do now a days.
Those do worship as per their desires and not keeping the word of Prophet Muhammad pbuh are a deviant sect.
Muslims believe in all prophets including Moses pbuh...
This day is the day when Moses defeated the mightiest army of his time with the miracle of ALLAH. the parting of the sea.
It is the better for a true muslims to FAST rather than following their own desire in worshiping the man made rituals.
Utter Nonsense!!
One piece of Advice, donate your BLOOD to the Blood Bank on this day instead of spilling it on the road, at least you could save a life or two, which make more sense.
Cheers!!!
Masjid ya Mandir!!!????
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