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
This is not only your question. my question too. that’s why we should end the mhar competition. Otherwise your son also may follow the same path one day.
Masha Allah! it is good to note that some of our brothers brought the globally acclaimed Islamic Scholar to Mangalore.
It would have been more beneficial for the community if the hosts arranged one two public programs in Mangalore and Kasaragod.
Masha Allah Masha Allah happy to see Mufti Menk at our place.Good message to the youth regarding non-competition over mahr.
My Reply to A Mangalorean. Why did your son agree to pay that much Mehr while it was not under his capacity. May be he tried to show his Father in Law that he is also a rich person. Why one should put himself in debt. Now he will have to pay interest on the loan and this is agaisnt the teaching of Islam. We will not put ourself in trouble if we follow simple way tought by our Prophet. May Allah bless us with right way Islam and keep us away from show up.
Hahaha
I m absolutely delighted that Mufti Menk has visited our place and given lecture on Mahr to Manglorean Muslims.
Hoping to see him again and again !!
Good that mufti menk has taken initiative to end mahr competition. Hope it won’t be the beginning of the ‘mufti competition’. Now another NRI businessman in mangalore may think of bringing numan ali khan for next wedding in family (kidding)
Welcome to mufti menk a renowed international scholar to Mangalore. Mufti should advise the rich muslims of coastal Karnatkada to refrain from luxury marriage style with luxury marriage halls and luxury foods.
Unlucky that i was not part of this event. Mufti Sir do visit Manglore frequetly and guide mangloreans who indulged in shirk and diddah... May god bles you, give you good health and long life.
demanding dowry is not islamic culture. he has given series of lectures on that issue. if you want u can google and listen. but what he did here is a timely decision- he pervented show off. why he should talk about non-islamic system of dowry at a wedding where there was no dowry?
A considerable number of Mangalore muslims have adopted the Hindu custom of dowry. But mhar has not disappeared. At the same time among rich muslims there is definitely competition over mahr. This had happened in my son’s wedding too. he had borrowed huge loan to pay a Rs 50 lakh gold as mahr. so I personally feel that Mufti menk’s initiative is good.
Thants Right, instead of speaking about the dowry system which is demanded by the men as oppose to the mahr he is speaking opposite which is very trivial issue in comparison to what a girl's parents suffer.
Barakallau lakumaa wa baarik alaikumaa wa jam'a bainakumaa fee khair. May Allah(swt) bless the new couple. Ameen.
Mahr was never a competition here. Its all peanuts compared to the jwellery the bride wears from her fathers hard earned money. If not that, then its the brand new car in display outside the wedding hall, again brought by the brides father for the bridegroom.
mufti menk has not realised that most of the bearys hav sold themselves to the indian custom of dowry for demand or for self prestige
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