Mangaluru: Gang of miscreants attacks four with lethal weapons; one critical

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.

Bengaluru, Feb 17: A combative ruling BJP is bracing to face the onslaught of the opposition Congress and the Janata Dal-Secular (JD-S) in the year's first legislature session beginning on Monday.

"We are ready to counter the opposition parties on any issue they want to raise or discuss, keeping in view the spirit of fairness in a democratic set-up, as we have the numbers to provide a stable government," party's state unit spokesman G. Madhusudhana told news agency here.

Ahead of the 3-day session, the BJP's legislature party met here under the leadership of Chief Minister B.S. Yediyurappa to chalk out its strategy to address issues, move bills and present the state budget for fiscal 2020-21.

"We hope the Congress and JD-S members will allow Governor Vajubhai Vala to address the joint session of the legislature on Monday and not disrupt his speech or walkout of the House before he concludes to maintain the dignity of his office," Madhusudhana said after the BJP meeting at a private hotel over dinner.

The legislature will resume the month-long budget session on March 2 with a special discussion for two days on the Constitution, markings the 70th year of its adoption and enforcement.

About 100 legislators, including the three Deputy Chief Ministers, the newly sworn-in cabinet ministers, council members and party's state unit members participated in the 2-hour long meeting.

"Yediyurappa, who also holds the Finance portfolio, will present the state budget for fiscal 2020-21 on March 5, which will be the fifth time as the fourth Chief Minister in over a decade," the official said.

Both the Houses will deliberate on the budget proposals and pass it by March 31.

In the 225-member Assembly, including one nominated, the ruling BJP has 117, opposition Congress 68, Janata Dal-Secular (JD-S) 34, Bahujan Samaj Party (BSP) one, Independents 2 and vacant 2.

Buoyed up by winning 12 of the 15 seats in the December 5 assembly by-elections, the party is confident of passing the finance and other bills, as it has the support of 119 members, including 2 Independents in the lower House.

"There is no threat to our government, which will complete the remaining 3-year term of the Assembly till May 2023. Yediyurappa has already won the majority test on July 29, 2019, three days after he took office for the fourth time," Madhusudhana said.

The Congress, however, asserted that it would raise the alleged misuse of police against the opposition members, anti-CAA protestors and minorities.

"We will question the morality of the government in making a tainted legislator like Anand Singh a forest minister when a dozen illegal mining cases are pending in the courts," a Congress official told news agency.

Bengaluru, Apr 27: Former Prime Minister H D Deve Gowda on Monday demanded that the Karnataka government announce a special package for farmers who are on the verge of quitting agriculture as their profession following losses due to the COVID-19 pandemic.

"Please announce special package for the farmers to bail them out of the loss due to the lockdown.

Drop many of the schemes in the budget but don't leave the farmers in distress," Gowda said in his letter to Chief Minister B S Yediyurappa.

The JD(S) supremo said the way relief has been announced for the milk producers by procuring the unsold milk and distributing it to the slum dwellers, the same assistance should be provided to the farmers of the state.

"If you don't come forward to assist the farmers, then they will be forced to sell their land," Gowda cautioned the Chief Minister.

The former prime minister said the farmers are on the verge of falling in the debt trap and may be compelled to take the extreme step of suicide due to the losses.

Gowda said the farmers are unable to sell their crop because they are not getting proper price for their produce and are selling their crop at a throwaway price to minimise their losses.

"In just one month farmers reached the brink of bankruptcy as they are unable to sell the standing crops in lakhs of acres of land," Gowda said.

The JD(S) supremo has been championing the cause of farmers in the state and highlighting their sufferings.

On April 3 Gowda has appealed to Prime Minister Narendra Modi to look into the plight of farmers, labourers and the middle class people due to the lockdown.

"In such times of crisis, we should see to it that there is no disruption in farming activities by ensuring proper marketing channels to agricultural produce, especially perishables.

Only then we can sustain our long battle against this pandemic," Gowda said in a tweet.