Rahul asked us to avoid making personal comments against BJP leaders: KPCC chief

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.

Kochi, Jan 21: Eight tourists from Kerala were found dead in a resort at Daman in Makwanpur district of Nepal, reports said. The dead include a couple and four minor children.

The deceased were identified as Praveen Kumar Nair (39), Saranya (34), Ranjith Kumar T.B (39), Indu Ranjith (34), Sreebhadra (9), Abhinav Soorya (9), Abhi Nair (7) and Vaishnav Ranjith (2).

The deceased are from Chengottukonam in Thiruvananthapuram and Kundamangalam in Kozhikode. Praveen, a travel enthusiast hailing from Chengottukonam, went on the Nepal trip with his wife, three children and friends from Kochi, last week.

 “They were using a gas heater in the room. Suffocation might have caused their death,” said superintendent of police Sushil Singh Rathore of the District Police Office in Makwanpur, news agencies reported.

According to newspaper reports here, the deaths occurred at a resort named Everest Panorama. They were airlifted to HAMS hospital where they were pronounced dead on arrival, superintendent of police Sushil Singh Rathaur said.

They were part of a group of 15 people travelling from Kerala to Pokhara, a popular mountain tourist destination, The Himalayan Times reported.

They were on their way back home and stayed at Everest Panorama resort in Daman in Makawanpur district on Monday night.

The tourists are suspected to have died of asphyxiation after turning on the gas heater and shutting all the windows to keep warm.  Hotel staff opened the room using duplicate keys as there was no response from the rooms when the other members of the group went to check on them.

According to the manager of the resort, the guests stayed in a room and turned on a gas heater to keep themselves warm. Although they had booked a total of four suites, eight of them stayed in a room, the manager said, adding that all the windows and the door of the room were bolted from inside.

“All arrangements have been made to bring the bodies to Kerala at the earliest. The Union government is coordinating with the Indian Embassy in Nepal. A doctor from the Indian embassy will be present during the post mortem. Other members of the group are being brought to Kathmandu by road,” said Union minister V Muraleedharan.

Chief minister Pinarayi Vijayan said that NORKA will coordinate with Nepal authorities to bring dead bodies.

 “Embassy officials are at the government hospital where a post mortem is being done. Formalities will be completed at the earliest and arrangements are in place to bring dead bodies by Wednesday evening. State government is in constant contact with Nepal authorities,” said Kadakampally Surendran, tourism minister.

Bengaluru, Mar 12: Days after a video of an elephant being shot in Bandipur National Park went viral on social media, officials said that they have removed a staffer and initiated action against an employee of the Karnataka Forest Department in the matter.

According to officials, the incident took place on March 7.

"We have removed Rahim, temporary staffer, and initiated action against Umesh, a permanent employee of the Karnataka Forest Department, after an internal enquiry," Bandipur field director T Balchandra said.

While Rahim is said to have shot the charging elephant, Umesh reportedly made the video and shared it on social media.