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
Dear Viren there is nothing hell in your religion, thats the reason they are coming towards islam
very funny.
Dear All,
Please note few of these points about Islam.
Wish you all the best. May God bless you with happiness and good health always and you lead a happy life forever. Our prayers are with you. But try to keep away from unnecessary things and lead a simple life.
Bro.. its other way round. Hindu girls are falling love with handsome guys and beautiful religion
This is called true Islam. When 27 Karsevaks like Balbir Singh can embrace Islam , you just imagine the power of Islam.
Mix equal quantity of love and jihad in a cup and drink it...
and dont forget to buy burnol to cool off your bloody b***
Read the quran with translated original (not chaddis version). U Will end up in Reverting Islam.. In Sha Allah.
In the Quran the chilling & fearful explanation of Hell fire & HELL is there to those who reject ONE CREATOR and associate partners with him and worship all those demi-gods.
LOVE of His True last messenger & ONE CREATOR is the only way to escape from the HELL fire and attain HEAVEN.
JIHAD – constant struggle with oneself to be obedient to God, struggle (Jihad) against oppression of all kinds unleashed by enemies of humanity.
It is human nature to search for truth and aspire purity rejecting all manmade, false, ungodly beliefs & customs. No force on the earth can stop this and that is the reason thousands are attracted on daily basis to the Religion of Peace & Truth - ISLAM.
How long will YOU ignorants blame love jehad.. We request you to OPEN the QURAN (the quranproject) online and check what is written about love jehad... Unless YOU learn about quran .... YOU are following the RSS commandments and singing the same tone (it's love jehad) since years... When U guys open up your God given intellect.. Dont be SLAVES of RSS ... Use your intellect to know WHY PEOPLE are REVERTING to ISLAM... instead of blaming and licking the politicians and the haters of Islam.
This all happens because you bloody morons donot understand what is love and care all about.
Go drink sleep on streets, make your wife & childrens (some people dont have that too) wait home, come home next morning once again in Bar... Your life begins and Ends in BAR & Restaurent.
Dear Brother Study about Islam than you come to know what the hell is there in Islam (Alhamdulillah).
Congrats Shoaib
There are many cases like this. They all get converted into islam. There is racket to do conversion. Should stop this.. Stop Love Jihad
Stockholm syndrome by love jihad.. She may not feel trapped now. Later she feels that
Media highlighting only if anybody comes to Islam.. Pleasing minority
We wont care, if she got converted into christianity or other religion. Media giving unwanted prominants to some rubbish news. They are making controversy
Is that an important news
This is called love jihad. These muslim men make friendship with beautiful Hindu girls, make them fall in love with them. After wedding blackmail them to become Muslims. Need to put an end to this ugly practice at the earliest. What the hell is there in that religion.
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