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
If you read the History of Meelad un Nabie (Sallallaho Alaih-e-Wassalam) The biggest and the most grand Meelad was celebrated by Allah Ta'ala so from where it became bidat to rejoice on the birth day of Our Beloved Prophrt Sallallaho Alaih-e-Wasalam)? Be happy dont cry bidah like the shaitaan.
Kind words/Kind behavior is for non Muslims/Momins not for the Munafiqs who oppose Mouludunnabi and ask for the proof to celebrate the Moulood, for those Munafiqs Allah Subhan wa Ta'ala has used some words in Quran Surah Al Qalam Verse 13
When Allah Almighty has used those words we are following the Quran there is no harm in using those words for a Munafiq.
Mr. Sayed Kaleem, please use kind words on one another....this is what it is lacking in Muslims....they think superior to one another....if you can try to convince others with your comments with nice words.....try to be a good person first....
Surah Al Ma'idah Verse 114
Surah Al Duha Verse 11
Surah Al Fatha Verse 28
Surah Al Saf Verse 6
Surah Touba Verse 128
Surah Aal E Imaran Verse 164
Surah Al Yunus Verse 57/58
Surah Al Anbiya Verse 107
O Blind , when did you read the Quran? Are you Munafiqs? go back to Quran search for the above ayas
There is no aya in Quraan or any hadeeth which says date or celebrate prophet's birthday. People who dont read tafseer of Quraan do this kind of foolish things to show other religions dat we are not united. There is no one such incident where sahabas have celebrated Rasool's birthday.Guys please wake up & read Quraan wit Tasfeer & follow authentic Hadeeth...May Allah give Hidaya to these people who have taken wrong path by themselves
No Comments/Objection for any Muslim sponsoring cricket tournament and spending lacks of rupees with half naked women dancing on the stage, No question/Objection for the Muslim youths wearing uniform and playing cricket spending their time on the ground why you munafiqs have not questioned, No Objection/Comments on those Muslim college students protesting on the street and blocking the roads and damaging the Goverment Properties and blocking the the roads were many people are serious need to go to hospitals.
why only when the celebration is only for the Milad of the Prophet Sallallahu Alaihi Wassallam.
the above question is for all the Munafiqs who object the Celebration of the Mouludunnabi Sallallahu Alaihi Wasallam.
Moulud or Milad is Prophet's (PBAUH) birthday, which is being celebrated every 3rd month 12th day of the Hijra year... but why moulanas asking people to celebrate it throughout the year....I did not get it....like if there is happiness or sadness or grief they ask people to celebrate birthday of prophet (PBAUH)...no clue....
When a cricket tournament is organized by a muslim sponsor in which half naked women dance on the stage those money spent is not questioned from this idiots, they have problem when a Milad rally is organised where people gather and send Salaath on the beloved Rasool of Allah.
This is very much clear that those who oppose the Milad rally are munafiqs.
Warafa'na Laka zikrak. Rahega yunhi unka charcha rahega, padey khaak ho jaye jaljaney waaley.
U people are blocking the road. Where many people who are serious may have to go to hospital.
We all love our beloved prophet. Don't trouble others during that day.
Many countries giving holiday NOT to celebrate on streets.
Giving zakat to poor is the best celebration.
Sure.. Miskeens will be wholeheartedly invited for my milad to enjoy free biryani..
EID Milad un nabi (SAW) Mubarak Ho for all Momin
FOR ALL THOSE PEOPLE WHO INSIST FOR CHARITY TO POOR PEOPLE RATHER THAN SPENDING FOR MILADUNNABI
PLEASE IMPLEMENT A SYSTEM IN YOUR LIFE AND FAMILY THAT ANY MARRIAGE FROM UR FAMILY WILL BE SIMPLE, AVOID MARRIAGE HALL, AVOID DECORATION, AVOID MEHENDI FUNCTION, AND DONT CELEBRATE BIRTHDAY OF UR KIDS, SPOUSE, BROTHER, SISTER ETC, DONT CELEBRATE THE MARRIAGE ANNIVERSSARY.
INSTEAD DO CHARITY.
FIRST OF ALL EVALUATE YOURSELF AND DETACH FROM ALL THESE DEEDS, THEN COMMENT......
Mr. Salman, when is your milad????
Why don't our Muslim community use brain instead of following the Misguided ulema or grand fathers....
Biddath Mubarak to all Laddu's
Mr.Salman Bhai .u r absolutely right....
Mr. A, FYI, our community is supporting all poor people when it's required at any time and it's not limited to our festivals. Let's them enjoy their day, and don't spit venom...
Happy miladunnabi to fellow muslims...
Very unfortunate. ignorant community celebrating our beloved prophet's death day. which is Rabi Alawwal 12. In Lillahi wa inna ilahi raajioon. Ee qoum eppa sudarra?
What a moment... Jab tak hai jaan... Insha Allah jaroor manayenge eid e milad.. Thanks CD for the coverage n waiting for today's evening procession coverage.
Instead of spending huge money for uniforms , why cant you donate cloths to poor children in the remote area during the birthday of prophet mohammed ??? To whom you wants to show road rally?? why all this celeberations?? There is no birthday celeberations in Islam.
If you want to celeberate Milad, celeberate like Eid ul Fitr and Eid ul Adha when charity is the important order from prophet these two days.
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