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
9/11 caused more Americans to embrace Islam.
The same thing happens here, more Truth Loving people start researching the speech of Zakir Naik and will easily embracing Islam.
Indians are more free and intelligent in deciding.
Unfortunately the RSS lead govt can detain him under pretext of so called all allegation, even without proof.
We have some blind law where innocent people become easy prey.
Such law is made to target the people who talks truth against the corrupt leaders.
Laks...Karkala.....
Every one knows you hypocrites are experts in fabricating proofs and give clean chit to criminals ...... Indians can eat indian cow meat in Gulf BUT not in India.... Go to Google and find out the names of Indians in the list of TOP CRIMINALS of the world ....Hypocrite ....
Laks, Karkala
From your frustrated comments i can understand that you are so far from the reality. Not a single proof can indian govt can show against Dr.Zakir naik. Even nobody can have the guts to have debate with zakir naik. so will wait and watch.
Laks, Zakir Naik did not trouble anyone...when he was preaching around everyone lived very happily here in India....He conveyed peace message to everyone...
Dear Altaf,
Dont teach us what to ban...Our present government have enough proof to put him behind the bar...and your lawyer is der to protect him..so leave it to court
Sitting in Doha its easy for you to comment
Basically it is not the matter of scare. In the recent years we have noticed that the Muslims are targeted & put behind bars without any evidence.
Later it is proved that the RSS goons are involved in the terror activity across the country. But they are not booked in any case.
These types of double standard Judicial System makes the Muslims to be away for certain period. I hope very soon Br. Zakir Naik we get justice & start spreading the peace message.
Mr. Zakir Naik's Preaching, Knowledge and popularity not gone well with sick minds, they cannot counter him through dialogue; obviously misuse of power is the solution!!!
Laks, Karkala
If you really wish to see that everyone in india should leave happily then you have to think about banning RSS and sangh parivar. Zakir naik never done anything so that hindus and muslim divide. He always tried to unite all religion. I think you have not listened to any of his speeches. My sincere request with you is to first listen his all complete speeches. Then come to conclusion.
Please watch the below videos. It is available in Youtube
1.Similarities between Hinduism and Islam
2.Similarities between Islam and Christianity
3.Does God Exits
4.Is terrorism a muslim monopoly
Hope after watching the above you can change your thinking from negative to positive .
Over all this is a political game with the backing of rss communal group.
Started to target peace loving INDIANS and Mr. ZN is on top of their list.
There is many more to come from religious leader to business man;social worker; leading person etc.
Instead of 5 years high court need to ban for life time... so that everyone can leave happily in India
ZN is scared..he will not come back to india.. if he was Innocent he could have came back long back ago...
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