Was it a fake encounter? Video of killing 8 SIMI activists raises doubts

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.

Bengalur, May 15: Karnataka Deputy Chief Minister Dr CN Ashwath Narayan on Friday said that stern action will be taken against the persons responsible for organising the village temple fair in Ramanagara district.

"Stern action will be taken against the person responsible for organising the festival. This should not have happened," the Deputy CM said.

Flouting all social distancing norms, people had gathered in large numbers for a temple fair in Kolagondanahalli village of Ramanagara. People were even not wearing masks.

They had taken permission for gathering from Panchayat Development Officer NC Kalmatt.

Kalmatt has been suspended by Ramanagara Deputy Commissioner following a report by the Tehsildar.

Meanwhile, 45 more COVID-19 cases have been reported from Karnataka, taking the total number of coronavirus cases in the state to 1,032 on Friday, according to the state Health Department.

Bengaluru, Jan 22: The Bengaluru Police on Wednesday said that the procedure is being followed to hand-over to the Mangaluru Police a suspect who surrendered before it two days after planting an improvised explosive device (IED) at the Mangaluru International Airport.

"He [the suspect] surrendered before police claiming to be responsible for the Mangaluru airport incident. He is being medically examined and we are preparing procedure to hand him over to the Mangaluru team which is already on their way," Bengaluru Deputy Commissioner of Police (DCP), Chetan Singh Rathore told the media persons.

Aditya Rao surrendered before Bengaluru Police today, days after a bag of IED was recovered from Mangaluru airport. He hails from Udupi and has engineering and MBA degrees.

An investigation team of Mangaluru police is flying to Bengaluru to question him. "Mangaluru city police investigation team is flying to Bengaluru shortly to investigate the developments in connection with MIA case..the team will question the suspect and will initiate further necessary legal action," Commissioner of Police, Mangaluru City, tweeted.

According to the police, the IED was recovered from a bag at Mangaluru airport on January 20. It was later defused in an open field by the personnel of the bomb disposal squad.