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.
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Feeling deeply hurt while reading such news about this Genius, Brilliant and highly knowledgeable person. What was his mistake ?that he called people toward truth? made them spend proper life and to lead a peaceful life which may benefit mankind in both the world?? he spoke the truth publicly is the terrorism??is he provoked anything which made his team to kill anyone. Many people in the world appreciating about his deeds but same time many people talking bad about PM Modi so who is what here. His Allah is with him and he is a strong believer. May Allah protect him from this calamity Aameen.
Islam says Suicide is an unforgivable SIN...
ALLAH gave us this LIFE, and QURAN is the manual to understand what is LIFE...
Non-Muslims should read the QURAN (U can check online thequranproject) to understand better, How ALLAH created Life and death and What is the purpose of this life...
QURAN is not just for the Muslims... it is a GUIDANCE from our CREATOR To the whole of UNiverse... Please look into it... U will be enlightened.
Those who are HONEST in looking for the CREATOR... ALLAH will Guide them... thats the trust we should have.... God is GREAT (ALLAHU AKBAR)
NA TASYA PrATIMA ASTI... there is no image of God....
she needs beef sukka
IS this not enough for HINDU brothers & Sisters to stay far away from the real Killers of our society. if U dont use your intellect and recognize the real culprits in our society... We will all dome our society with the liars and killers in disguise.
Whatever ways U want to block , ISLAM will grow with Zakir naik or Without HIM...
Enemies of ISLAM plan, But ALLAH has a plan...
Everything happens with the will of ALLAH. ALLAH's plan will Succeed..
Non Muslim should use their God given intellect to VERIFY what wrong thing Dr. Zakir naik says... If he is bringing near to the one LORD ALLAH to U guys then accept it (Even vedas says NA tasya pratima Asti - There is no image of GOD) Dont U think as Human beings are the smartest creation of ALLAH who can analyse and reason when they use their INTELLECT.
Why dont U guys think and PONDER on the lives we were created by ALLAH... Y We only believe the LIARS when we know the authorities caught lying many times...
Wake up guys... and PONDER on what ZAKIR NAIK says and Stop believing whatever LIARS want U to believe.
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