BJP slaps legal notice against historian Guha for linking Gauri to Sangh Parivar

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.

New Delhi, Feb 1: An extremist today fired shots at anti-CAA protesters at Shaheen Bagh in Delhi, just three days after another extremist fired at protesters at nearby Jamia Millia University. This is the second daylight shooting in which the police caught the man only after the shots were fired.

The man, apparently a fan of BJP leaders including Narendra Modi and Amit Shah, shouted "Jai Sri Ram" as he fired shots standing near police barricades put up at the south Delhi locality where hundreds of women and children have sat on the road in protest for more than a month. He was caught by the police. No one was injured. 

The shooter was also heard saying: "Humare desh mein sirf Hinduon ki chalegi aur kisi ki nahi (in our country only Hindus will prevail)." He had allegedly come to the area in an auto.

A witness said the man fired two-three times, standing right next to the police, not at the spot of the protest but close enough to a large crowd of unarmed men, women and children. 

"We suddenly heard gunshots. This person was shouting Jai Shri Ram. He had a semi-automatic pistol and he fired two rounds. The police were standing just behind him," said the witness, a volunteer at the protest.

"When his gun jammed, he ran. He tried to fire again, then tossed the gun into the bushes and tried to escape. Some of us and the police caught him, the police dragged him away," he added. Protesters questioned whether the police were more focused on keeping an eye on them rather than tackling crimes like this.

Police officer Chinmay Biswal said the man had fired shots in the air. "The man had resorted to aerial firing. Police immediately overpowered and caught him," he said.

This incident - the second shooting in Delhi at an anti-CAA protest -- has chilling similarities to the one that took place just two km away at Jamia university on Thursday, when a 17-year-old Class 12 boy from Uttar Pradesh fired a crude pistol at unarmed protesters with dozens of policemen behind him, watching. The teen, who left home claiming he was going to school, took a bus to Delhi intending to target Shaheen Bagh but landed at Jamia next-door after an auto-driver dropped him off there to avoid the traffic chaos.

The shootings have taken place in quick succession after controversial slogans of "Goli Maaro Sa***n Ko (shoot the traitors)" were chanted on Monday at a Delhi campaign rally of Anurag Thakur, the Union Minister of State for Finance, who was part of the team involved in Budget 2020 announced today.

Mr Thakur was banned from campaigning in Delhi for three days for egging on BJP workers to shout the "Goli Maaro" slogan.

Delhi Chief Minister Arvind Kejriwal slammed Home Minister Amit Shah, to whose ministry the Delhi Police reports to, over the two shooting incidents. "What have you done to our Delhi, Amit Shah ji? Bullets are being fired in broad daylight... Law and order is being criticised constantly. Elections will come and go, politics will keep happening, but for the sake of the people of Delhi, please focus on fixing law and order," he tweeted.

The Shaheen Bagh protest has attracted attention from across the country in the protests against the CAA or the Citizenship (Amendment) Act, which makes religion a criterion for citizenship. Critics say the law discriminates against Muslims as only non-Muslims from neighbouring Pakistan, Afghanistan and Bangladesh can become Indian citizens if they fled religious persecution and entered India before 2015.

Of late, critics of the Shaheen Bagh protests, mainly pro-CAA activists, have attacked the month-long sit-in on a key road in Delhi connecting to Noida. They say the protest has become a traffic nightmare for commuters.

Thiruvananthapuram, Jan 1: Kerala chief minister Pinarayi Vijayan on Wednesday said that the resolution passed by the Kerala Assembly is against the "unconstitutional Act passed by the Centre".

"The resolution passed by Kerala Assembly is against the unconstitutional Act passed by the Centre. It has been noticed by the whole country," Vijayan said.

The Kerala Assembly had on Tuesday passed a resolution seeking withdrawal of the Citizenship (Amendment) Act, 2019.

Before the resolution was passed against the Act, Vijayan in a special Assembly session targeted RSS and said that citizenship law is part of an agenda.

"The CAA is part of an agenda. Muslims are being considered as internal enemies by RSS, who is controlling the ruling dispensation at the Centre," he alleged.

The new law grants citizenship to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians fleeing religious persecution in Pakistan, Afghanistan and Bangladesh who came to India on or before December 31, 2014.

Meanwhile, on Wednesday while talking about women safety, the Chief Minister said, "Those women, who are traveling face many problems, particularly regarding accommodation. To address this, government will start accommodation facilities in all towns. This project will be implemented with the help of local bodies."

Reacting to the development in the Kerala Assembly, BJP leader Mukhtar Abbas Naqvi said that Assembly has insulted the Constitution and parliament by passing a resolution seeking withdrawal of the Citizenship Amendment Act (CAA).

"The Constitution has delineated clearly the roles of parliament and state legislatures. When people who have taken an oath of the constitution, destroy it, it is a most irresponsible act. Both the houses of parliament have passed CAA and if a state assembly tries to hijack the Act it is an insult not only of the constitution but the parliament as well," Naqvi told news agency.