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.
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I think this hate monger belongs to the family of MP Shoba, Ananta Kumar, Giriraj etc. I am sorry to say that these people are illiterate and still kids. They dont know what is ammunition and where they are stored. They think food grains or water or any items for use in Masjids are ammunitions. These people are either fool or trying to fool public. They are agents of Sangh parivar and trying to create unrest in society owing to upcoming election. Karnataka Govt should take note of this hate monger and arrest him immedaitely. He should be stripped of MP post as he is not fit to this position.
Please invite him to the Masjid and show him how we worship ALLAH alone who has no partners. There is no God but ALLAH and Muhammad is his messenger of God... who conveyed the message of ONENESS of God who has no image....(NA TASYA PRATIMA ASTI) I think he should CONTEMPLATE on this verse of VEDAS to come near to the CREATOR of all that EXISTS. Picture will be CLEARNED when people PONDER on their own SCRIPTuRe which says GOD is 1 there is no SECOND and it has no image.... (Those who look honestly about the TRUE CREATOR, The CREATOR will Guide them to TRUTH)
Out of his brain...
ಅಯ್ಯೋ ಅದಕ್ ಯಾಕ್ರೀ ಸುಮ್ನ ಸ್ಟೇಜ್ ಪ್ರಾಟೆಸ್ಟು? ಜೋಶಿ ಸಾಹೇಬರ್ಗ ಮಸೀದಿ ಬಗ್ಗೆ ಸರಿಯಾದ ಮಾಹಿತಿ ಇಲ್ಲಾ ಅಂತೀನಿ. ಸಾಧ್ಯವಾದ್ರೆ ಇಸ್ಲಾಮ್ ಏನೂಂತ ತಿಲ್ಸಿ ಕೊಡ್ರೀ. ಪಾಪ! ಅವರು ಮಸೀದಿ ಅಂದ್ರ ಇಂಡಿಯನ್ ಆರ್ಮಿ ಗೋದಾಮೂಂತ ತಿಳ್ಕೊಂಬಿಟ್ಟಿದ್ದಾರೆ...
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