Custodial murder: 2 policemen get death penalty; 3 officers jailed

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, Jun 18: The ruling Bharatiya Janata Party (BJP) nominated Prathap Simha Nayak, M.T.B. Nagaraj, R. Shankar and Sunil Valyapure to contest in the June 29 biennial elections for 4 of the 7 Karnataka legislative Council seats, an official said.

"Our high command selected 3 of the 4 candidates the state core committee recommended on Tuesday, excluding H.R. Vishwanath, a former Janata Dal-Secular (JD-S) rebel, who lost in the December 5 Assembly by-elections from Hunsur in Mysuru district on a BJP ticket," a party official said.

Nagaraj, a former Congress rebel, who also lost in the Assembly by-election from Hoskote in Bengaluru Rural district on a BJP ticket, was the state housing minister in the 14-month-old JD-S-Congress coalition government, which fell on July 23, 2019 after 17 of their rebels resigned then.

Shankar, who was an Independent and a minister in the former coalition government, was not given the BJP ticket to contest in the December Assembly bypolls though he too resigned from the Ranebennur assembly seat in Haveri district, about 340km northwest of Bengaluru, along with former Congress and JD-S rebels.

Valyapure is the party's grass-root leader from Chincholi in Gulbarga district in the state's northern region, about 586km from Bengaluru.

Valyapure extensively campaigned in the May 2019 general elections and ensured the victory of BJP candidate Umesh Yadav from the reserved Gulbarga Lok Sabha seat, defeating Congress senior leader Mallikarjun Kharge.

Nayak is also the party's grassroot cadre who rose from the ranks to become its Dakshina Kannada district president in the state's coastal region.

As the ruling party has 116 legislators in the 225-member Assembly, all its 4 candidates will need 28 votes each to win the contest.

Of the 7 outgoing Council members, 5 are from the Congress and one each from the Janata Dal-Secular (JD-S) and an Independent.

With 68 lawmakers, the Congress will be able to retain 2 seats and the JD-S one as it has only 34 legislators in the lower house.

The Congress has nominated its outgoing Rajya Sabha member B.K. Hariprasad and outgoing Council member Naseer Ahmed to contest for 2 Council seats.

Of the 75-member Council, the opposition Congress has 37, BJP 19, JD-S 16, two Independents and one Chairman.

Bengaluru,  Jul 22: Karnataka Congress president DK Shivakumar on Tuesday said that the state government should give details of the amount it spent on migrants and labourers during the coronavirus crisis if it is transparent.

"The image of Karnataka has come to a very rotten position. We all know that Karnataka has failed in sorting out the problem. Let them (the state government) tell what has been the amount spent on the labour, migrants, food kits on the health department. We want an account (of the expenditure) if they are so transparent," Shivakumar said.

He said that the state government should have approached the hospitals for treating COVID-19 patients and if any hospital refused, a message should have been given that the government would take it over.

He also accused the state government of corruption.