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
And yes if she does not care for her fathers matyrdom we do,jai hind,,may his soul rest in peace
Hahaha these low life idiots like kaur are uniting long lost brotherhood of india,,,there is no turning bak now,,,,they are gowing to get kickd now,,,aisa paisa cpim mao bao and congis and kujlis also...
A triple hundred by anybody is also a triple hundred ... it is cricket that has gained...kind of bowling also matters...I suppose.
Is it right to hate the sinner OR it is fair to hate sin?
Guys,
Ignore the politics and just imagine if this was your own sister who is threatened to be RAPED by whoever...
Would you all still comment the same ?????
This how well our politician have managed to kill the humanity in our country....
Shehwad is stupid!
PEOPLE DIDN'T MAKE MODI AS PM. VOTING MACHINE MAKE MODI AS PM
Mr. Modi scream louder Beti bachaaao , Bakths didnt here
okay mini pakistani ... we will do ... papa .. ninna kashta artha agatte .. India will stop war cry .. ask ur ummah and chummah gang members in pak to leave kashmir ... note this there will not be no peace in pak... ful of blood shed ... it will be nonstop ... unless and untill they back out from kashmir ... hogappa ninna kula bandhavarige helu ... hogtha chaddi haakondu hogu ... yaake andre chaddi haako danne maretirbeku ... rss chaddi galanna hate madlikke suru maadidmele:) ... adu alde 4 optiosn irbekadru chaddi haakakkadru time sigatha ? hahahaha
You Stalinist dictators doesn't allow Freedom of Expression to others in WB and Kerala and kill the opponents. You were against Baba Ramdev in JNU and Sub Swamy in DU. If you want so much peace why don't you preach your mosquitoes in Bastar who wants Azadi by Guns and Jihadist in Kashmir who did genocide of Pandits.
Lefty goondas are now being paid in the same coin. AS YOU SOW SO SHALL YOU REAP
Brother....Kargil war was not necessary. ..it forced on India by Pakistan. ..it is wrong to say that war killed those soldier ...actually Pakistan not only killed Indian soldier but also Pakistani soldier too by waging a war which was not required. ..hats off to Sehwag to bring out right logical view
U chaddis as usual.see anti nationalism...in every thing ..she wasn't supporting Pak.she was saying it's the violence that took away her dad..y don't we try for peace and stop the war that end up n losing many dad's of many children ..that's it
Viru should confine himself to what he knows best & not take sides with politicians. He is a simple minded person who doesn't know the crookedness of political goons occupying position of power. Don't allow yourself to be used by these hooligans and repent later as a disillusioned being
What a stupid logic. By this logic stones are responsible pellters are not.Grow up
Your father was a proud soldier and he martyred fighting with Pakistan. Your logics are badly ill.
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