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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.

Mangaluru, May 10: A delegation of Muslm community leaders called on Dakshina Kannada deputy commissioner Sindhu B Roopesh and discussed her about quarantine facilities for Indians returning from Gulf amidst covid-19 lockdown.

First evacuation flight from Dubai to Mangaluru will operate on May 12. Demand is mounting on the Centre to operate more flights from Gulf countries including UAE and Saudi Arabia.

International passengers will not be direct sent home after they land at any Indian airport. They will be divided into two categories. After screening at the airports, symptomatic will be sent directly to the covid-19 hospitals and asymptomatic and healthy will be sent for mandatory quarantine in designated hotel rooms and guest houses.

District administration has clarified that those who are under quarantine in hotels and guest houses will not be allowed to have outside food. Nor they will be allowed to contact anyone.

The delegation brought to the notice of DC that there will be many fasting Muslims among Gulf returnees and they need Suhoor and Iftar facility during Ramadan. The DC positively responded and assured that such facility will be arranged in the hotel rooms.

The delegation also asked about the claim of the officials of ministry of external affairs that delay in arranging quarantine facility in Karnataka delayed the evacuation flights from Gulf countries to the state. The DC said that the district administration has already made necessary arrangements for those who are coming to Dakshina Kannada.

Led by Mangaluru MLA U T Khader, the delegation comprised of JD(S) MLC B M Farookh, S M Rasheed Haji, Shafi Saadi, Mumtaz Ali, Kanchur Monu, B A Mohiuddin Bava, Ibrahim Kodichal, Rasheed Haji of Ullal Dargah and others.

Kasaragod, May 30: Karnataka origin IPS officer D Shilpa has been appointed the new Superintendent of Police of Kasargod district.

The 35-year-old 2016-batch IPS officer is the first woman SP of Kasaragod. 

Her appointment follows the sudden transfer of P S Sabu who was hitherto holding the post. He has now been appointed as SP of Alappuzha.

Shilpa has earlier served as ASP of Kasargod. She was also ASP of Kannur during the 2019 Lok Sabha elections.

Shilpa was one of the three IPS officers assigned to Kasaragod with IG Vijay Sakhare during the first phase of covid lockdown.

A native of HSR Layout in Bengaluru, Shilpa holds a Bachelor's degree in Electronics Engineering and a Masters Degree in Business Administration.