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
He is a rss feeded dog started bark again. No guts to earn by self confidence or by ability and now likcking desh drohi rss feet.
A shame and insult to mankind.
ask him how much money paid for the munaafiq. he is not muslim ,that is why barking .
If i speak logic, i would say suspend these stupid publicity stunt-men
Dear Reshma, i am sorry to learn that you are following this rotten egg. He is a waste in our community and we have kicked out him. He is shoe lickers of sangh parivar and i am sorry to say that if you too like it go with him. He has no right to give this comment. Madrasas are not his father's property. By the way this waste Rizvi is kicked out by his community also and even his parents are ashamed of giving birth to such a rotten egg. This rotten egg Rizvi is follower of Devil and has no respect to any one including hiw own parents. If you still praise him, i think you better consult any Doctor.
do his statements are based on any reports, muslims may agree... ISIS idealogy spread not thru madrasa education but online education without any proper guidance of ulemas (knowledgable person with islamic scriptures). proper Madrasa education may eradicate ISIS idealogy... these soulless shia idealogues with the help of zeonists , capitalists and fascists , want to promote ISIS.. that is reason , they are demanding to shut down madrasa system.
Yogi's slave. We cant excpet more than this from him
Well said sir. Should shut all madrasas
Bitter Truth
This man seems to be good. He told the truth. Should shut down all madrasas. They are injecting unwanted education
The Ashram from wherre you learned should be shut first. Because you are the number one criminal, corrupted, communal terrorist.
This fool should be hanged for his illogic statements.
Who the hell this creature Rizvi to talk about Madrasas. Are Madrasas run by his Father's help. Bull shit. Let him go to hell. He is chappa licker of sangh parivar and appeasing central Govt by giving illogic, illegal and unworthy statements criticisign Muslims only to hide looting of crores of rupees from wakf board. He is a thug and looter. He is not a Muslim and has no right to talk about Madrasas. This hate monger should be dragged out to street and garlanded with old chappals and shoes. He is kicked by his own community for his cheating them. He is being funded by sangh parivar for his wrong doings and illegal activities. Police should dig out his past history and income.
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