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
Why do people target ut kadher.?? As the attempt to murder in kuttar is considered , it comes under his constituency and has apoken against it. Meanwhile regarding the mysore jail murder of mustafa kavoor , as a minister he visited mustafas house and also spoke to home minister in this regard. He has always treated all community equally. BUT when he speaks in support of a hindu victim it has been red marked by the fascist and vice versa. Its a had thing to digest a murder and an attempt to murder. Isnt it ???? Be humans first . Dont your religion tell you to respect the mankind ??? Please dont use such a cruel situation for your personal politics . Shame on you who are happy for any one of the cruel acts heard recently .
RSS na enjalu thinnuva neeayi ivanu... ivanigene gothu muslim sahodarana novu..
Bahusha RSS santhanakke huttidon haage kanuthe
thooo nin janmakke kolli hidoke.. ningu ihsaan jafrige banda dina ne barothe.. kaayuthiru..
ninnannu RSS navare mannu mukkisuthare
bosda
CHOMA . i repeat . there is no similarity between RSS fascist and PFI . one thing for sure that Media succeeded in creating the same image ....in reality Rss created problmes while PFI trying to resolve or to correct it
RSS raped ...pFI saved those and trying to save in future
RSS burnt people alive even innocent Kids ... PFI protesting against it
RSS raped girls and even aged as 60 years and claiming as women saviers in the name of 3 talaq and uniform civil Code...... pFI protesting against it
RSS assaulting aged ,women and children ....PFI protecting them
RSS shedding blood ......PFI donating
The language and thinking style of Naren Kotiyan and PFI guys are same. no change. their intention also same: Defeating khader.
@ ut khadaer... .. now evry mangloreans KNOW that u have a good relation ship with RSS and MRM, time will come soon kick-out you from Government Chair, but one things is sure , Duinya is not a Permanent, just keep it in your mind, and that days you this k
When u met a RSS guy your stance were different, when a Muslim brother is been killed you Call them as communal outfit , you are no doubt a chela of RSS.
Down Down khader
yii p...k yaa
this man didnot speak when billawa youths were killed , prashanth poojari, charan poojari , praveen poojari ( kushalnagar) from muslim gangs ...he did not utter single word when raju and rudresh were killed by his co-religionists ... when his community members are killed he is shocked ... double standards daayeg maarre ... pokkade ...you proved you are dramabazi minsiter ... ullal has become hub of islamic state of india , hindus are attacked on daily basis ... what action have u taken ?
Who is god father of notorious target gang in Ullal?
Be aware of Meer Sadik
Hatred towards PFI
Sympathy to RSS
wah Khadar bhai wah
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