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
Elite Indian nationalism defined: Every elite Indian can give his/her life for learning English if he/she needs to live in New York or London. But no elite Indian will sacrifice even a penny for learning Kannada if he/she needs to live in Bengaluru. Nationalism of jokers is always like that. (There are some rare exceptions to that, of course).
Look at how much useful English has been to India: India is one of the worst countries in education; the most starved country; suffers trade losses of more than 40 billion US dollars each year with China alone (I hope you know China doesn't teach in English); ranks 150th in per capita exports; administratively the most stupid one because administration is being carried out in language whish people don't understand; Also read this quotation from a worldwide study carried out by UNESCO, ‘What seems to be standing in our way is a set of myths about language and learning, and these myths must be revealed as such to open people’s eyes. One such myth is that the best way to learn a foreign language is to use it as a medium of instruction. (In fact, it is often more effective to learn additional languages as subjects of study.) Another is that to learn a foreign language you must start as early as possible. (Starting early might help learners to have a nice accent, but otherwise, the advantage goes to learners who have a well developed first language.) A third is that the home language gets in the way of learning a foreign language. (Building a strong foundation in the first language results in a better learning of additional languages.) Clearly, these myths are more false than true, yet they guide the way policymakers tend to think about how speakers of other languages must learn dominant or official languages.’ I will like to discuss with you further Mr. BigZero. If you agree, mail me at [email protected]
Can anything be more anti-national and educationally more stupid than what these 'Crazy' Board of Secondary Education people are saying? Kindly give your arguments if your answer is in Yes. Today itself, I stated in my TV interview that I don't find any education Board educationally as illiterate as the Indian 'Crazy' Board of Secondary Education. This is one more evidence of their illiteracy. I have mailed to the CBSE sataraps about their illiteracy on educational matters. But they never replied.
ಕರ್ನಾಟಕದ ಮಾತೃ ಭಾಷೆಯನ್ನು ಉಳಿಸುವತ್ತ ಸರ್ಕಾರದ ಹೆಜ್ಜೆ. ಸರ್ಕಾರಕ್ಕೆ ಅಭಿನಂದನೆಗಳು....
I find this interesting: "It is not a prestige not to learn Kannada...". Unfortunately,
many "elites" speak in other Languages - particularly in English - to show off.
There are problems with Kannadigaas too - we can't speak Kannada
without 80% English in it....
Court must be moved to knock out a ridiculous order. Language is correctly the choice of schools, parents and students. And students should not be burdened to learn languages that will have no use to them.
Karnataka govt. should close these schools if they refuse to comply.
When Hindi & English are mandatory and they did not make a hue and cry against these, what is their problem teaching Kannada in Karnataka?
UP-Bihar's Hindi language mandatory in Karnataka is OK, but not Kannada? What kind of nonsense is this?
@Ravi: Very correct and logical. Moreover, Karnataka and Kannada have been
taken for granted, by most of the people from outside.
People who don't want to learn Kannada in Karnataka and want to treat this place just as a safe haven for jobs, property and weather should leave the state. We have enough freeloaders here from all parts of the country resulting in the chaos in the city. Its time for the Govt. and Courts to tighten the strings.
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