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
Your topic is outdated... people know your evil intention to make peaceful hindus and muslims fight each other..
It would be better for you to look Who is our CREATOR and how he wants our life to be lived rather than only creating evils in the society...
the word 'Hind' in arabic means 'India\.. in that context , what he said is correct.. all indian nationals are Hindu nationals , irrespective of their religion.. there is no religion named 'Hinduism\"
Name 'hinduism' term used by british for easy survey.. other than Muslims and christans, all others included under 'hindu' label."
Mr. Chaddi guru please shut up your mouth. Suggest to think at least 5 times before your speak
India does not belong to any communal group. Only freedom fighters and their alliance permitted to give any comments advise. chaddi desh drohi has no right to talk about HINDUSTAN.
Jai Hind!
Who r u to decide who is who?
If u go to Kerala and Tamilnadu they don't understand word Hindusthan....He He He....
So Modi slogan India First will change to Hindu First. Eventually it will turn to sangha first. Looks like he is on drug. RSS has accumulated and looted large sum of Indian money since Modi came to power. CBI has to investigate every RSS member account.
I dont find anything wrong in this . Ofcourse we can also be called Hindus .as Hindusim is not a religion , it is a way of life and people staying in a geographical area ..we Muslims have lot of tradition and culture imbibed by our hindu ancestors , dargah worhsip is also one among that ... we are hindus Mr Mohan bhagwath ... hindus or bharatiya is fine with me . you guys belongs to sanathan dharma ... we belong to islam .. but i strongly believe we are hindus ...
WHO IS THE HELL YOU TO DICIDE, YOU ARE A JUST TERRORIST GO AND FIGHT IN BORDER,
I am working is Gulf.... and every Indian here is called HINDI irrespective of which religion he belongs to... So what's a big deal...
By the way Hindu/Hindus is not the real name of the religion. It is called Sanathana Dharm... Unfortunately loads don't know this fact.
Hindu/Hindus is the name given by foreign invaders who came to India in the past.
Correct me if I am wrong
Which nationality his balls belong ???????????????????
Ajjer na posa raaga surand.......aklakulu benpunu aklakul thinpunu hindu aanda daane muslim aanda daane ? .ajjere jankle badhkare budle...chaddi nuppu korpujji....
Its Great to hear from him Mr. Bhagavat about Hinduism why he reminded only about Muslims( may be upcoming UP Election) why not Dalit and Cristians why he spared them from Hinduism by the way if you study the deep root of Hinduism you will never find its a religion its a practice of all culture and morals of the land called Hindustan those who were living in the bank of Sindh and mohanjedaro in the earlier centuries used to calls Hindus people. Now RSS want to re write the history of Mughal kings are may be called Hindu emperors the easy example like Akbar the great.
In the first place this person and his RSS supported British rule in India then what the hell is he knows about Hindu culture.....afterwards his party man killed Mahathma Gandhi....terrible people......but he does not have any right to teach Muslims what to do and what not to do.....Muslims know how to respect one another's religion and tradition....He should mind his own business....
Mohan Bhagwat should be an Indian and respect all Indians first. He should denounce statements from various sanghis on patriotism of non-Hindus. Mohan Bhagwat should respect Indian constitution and urge all the hate mongers to respect it.
Poor old man does not know what & who is a HINDU. It is nowhere mentioned in the so called scriptures they believe. After all the name HINDU was given by MUSLIMS. Pack of Jokers!!!
People live in France are called French
People live in Briton are called British
People live in Indonesia are called Indonesians.
This Sanghi have no idea at all what we call ourself?
Those live in India are called as Indians
Those live in Bharath are called as Bharatiya
Those live in Hindustan are called as Hindustani
Not all Hindus. But, we have a majority population who are Hindus.
Do not forget that all mankind born as Muslim... (Adam A.S)
Take time to study about Islam....
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