Narendra Modi becomes first sitting PM to visit Dharmasthala

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, Jan 28: Stepping up attack on Chief Minister Arvind Kejriwal, Union Home Minister Amit Shah on Monday dared the AAP chief to visit the anti-CAA protest site at Shaheen Bagh so that the people of Delhi can decide whom to vote for in the assembly election.

Addressing a rally in Rithala in northwest Delhi, Shah said Kejriwal and Congress leader Rahul Gandhi were against the construction of Ram temple, the scrapping of provisions of Article 370 and not bothered about the country's image and soldiers.

The opposition fears that they will upset their vote bank, he said and asked, "Are you their vote bank? Where is their vote bank?" To this, the crowd replied, "Shaheen Bagh".

The BJP leader claimed that the Delhi Police has booked Sharjeel Imam, a JNU student, on the charge of sedition for his comment of "trying to cut chicken's neck" and breaking the North East from the rest of the country.

"I want to ask Kejriwal whether he is in favour of apprehending Sharjeel Imam or not? Whether you are with the people of Shaheen Bagh or not, please tell the people of Delhi," Shah said.

Imam was one of the initial organisers of the Shaheen Bagh protest.

Hitting back at the BJP, Kejriwal alleged that the saffron party does not want to open the Shaheen Bagh stretch of the Kalindi Kunj road as it is doing "dirty politics" over it.

He said law and order in the national capital lies entirely with the Centre and "if they are saying that they need permission from me, I am giving them permission, open the road in one hour".

"I can give it to you in writing, the BJP does not want to open the route in Shaheen Bagh. The Shaheen Bagh route will remain closed till February 8 (election day) and it will open February 9," Kejriwal told reporters.

Calling Kejriwal a member of the 'tukde tukde' gang, a term used by the BJP to attack groups it accuses of working to promote violent leftists and separatism, Shah sought to return fire and said the protesters of Shaheen Bagh will not listen to his party.

"They will not listen to us. You people (AAP leaders) say that you are with Shaheen Bagh, if you have the guts then go and sit with them and let Delhi decide," Shah said.

At another election rally in Janakpuri, Shah accused Gandhi and Kejriwal of doing politics of "vote bank" on national issues and "supporting" the protest at Shaheen Bagh while instigating riots and vandalism.

"The Modi government will not spare anti-national elements," he warned.

Upon mentioning the recent Supreme Court judgment on Ayodhya, Shah was greeted with cheers and chants of 'Jai Shri Ram'.

The home minister further said that this was the first Republic Day in Jammu and Kashmir after the abrogation of Article 370 and the tricolour was unfurled there with enthusiasm and without any bloodshed.

The former BJP president also attacked the Kejriwal government for not fulfilling promises like regularising temporary employees, providing free wifi, opening new schools and colleges, constructing roads and cleaning the Yamuna.

"Kejriwal government is in power since five years but till today there is no clean drinking water in the city. There are no good schools or hospitals as claimed by him. When I visited a Delhi government school, I saw that it was operating from a building that was illegally built and falls in the list of those that to be erased," Shah said.

He claimed that Kejriwal came to power with the help of Anna Hazare's anti-corruption movement but "completely changed" later on.

"He had said that he would not take any government accommodation or vehicles and other facilities but after becoming chief minister he availed all these facilities," Shah said.

He also slammed the Delhi government for not sanctioning the prosecution of former JNU students' union leader Kanhaiya Kumar in a sedition case.

Shah said if the national capital comes under the leadership of Modi, it will become the best city in the world.

The BJP has a vision for development of Delhi and cleaning the Yamuna river will be on top of our agenda, he said.

"Yamuna river is still dirty as against his (Kejriwal) claims of cleaning the river... Modi and Yogi (Adityanath) have cleaned Ganga river as promised. We will make Yamuna Riverfront like Sabarmati riverfront in Ahmedabad," Shah said.

However, a sizeable majority of those present at the public meeting was not convinced by the claims and promises made by Shah.

Bablu Yadav, a migrant and resident of Janakpuri said, "Shah and Modi can only talk but Kejriwal knows how to perform. They keep raking up issues like Ayodhya, Kashmir, Muslims and Pakistan... what are they waiting for if they want to attack Pakistan? They are in power, so why don't they destroy it instead of telling us how wrong Pakistan is?"

Another local Deepak Shrivastava who attended the Janakpuri meeting said, "All we hear from Modi and Shah are pep talks. I am an engineer from BHU and searching for a job. This government has failed the country's youth."

"Now, they have a problem with protests in universities but it is the same youth who brought them to power in 2014. The same youth will ensure their defeat," he added.

The public meeting in Janakpuri witnessed two incidents of pick-pocketing as the thieves managed to steal Rs 37,500 in cash and a mobile phone, police said.