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.
Police have launched a hunt for Mohammed Shahnawaz, a student of Milagres Collge, who went absconding after thrashing Rev Fr Michael Santumayar, the principal of the same college, near his chamber on Thursday for denying him hall ticket on grounds of attendance shortage.
Comments
he should be hanged ,
This boy who assaulted the Principal should be given the severest punishment - a lesson to all not to think of such crime in their dream also. However, some BORN dirty filthy generation of people brought religion here. These scums forgot what their religion is - Who raped Tulsmi Mata, who kidnapped Rukmini, Who killed Sambhuka, why they push the widow to burning fire, one girl is married to one brother - the rest of male start sharing her why??? Why wife's sister is half wife and husband's brother is half-husband to you - Why do you force Dalit women pray naked? Are you animals or worse than them??
action is to be condemned , but sensible people will not bring religion into this. This Boy will be put in jail shortly and punished as per IPC.
It is in his blood...so what else we can expect....they don't give respect for women ...for them women means property....even don't teach sanskar ...just they train how to steal, stab and cheat ...once they reach adulthood they get him bike and hanky panky shirts and pants. One apple iPhone ...next day these guys will be on jihad in front of colleges with sole aim of increasing population. ..why this community never produces quality world class scientists .this is the main reason .
@Sangeet
completely agree with your thoughts. I pray Almighty Allah to guide you to adopt the teachings of the religion of peace.
Ladies n gentlemen... don't bring religion for individuals action... shame on u ppl for vomiting venom on a particular religion whenever u get opportunity.... anyway these kinds of ur negative propoganda never let down Islam rather its spreading rapidly.
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