Fed up with delay, Kalburgi's family files plea for SC-monitored probe

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, Jan 3: Former Karnataka chief minister and Congress leader Siddaramaiah on Friday criticised Prime Minister Narendra Modi and said that 90 per cent of the promises made by him remain unfulfilled.

"He (Prime Minister Modi) had promised that in 2020 the economy will be doubled, but only their troubles have doubled. He just lied. 90 per cent of the promises made by Modi have remained unfulfilled," Siddaramaiah told media here.

Siddaramaiah's remarks come at a time when Prime Minister Modi is on a two-day visit to the state.

"In August, there was severe flood in state, he didn't visit Karnataka at that time. Flood situation was in 23 districts. Prime Minister will tweet for small issues. But at the time of severe flood he didn't even tweet. In 2009, Manmohan Singh was the Prime Minister. He did aerial survey of the state and announced Rs 1500 crore relief on spot," Siddaramaiah said.

"This time the estimated damage due to flood is more than Rs 1 lakh crores," he said.

He went on to say, "Prime Minister came to witness Chandrayaan-2. He did not give time to Chief Minister and ministers and opposition party to meet him and discuss about floods."

"When I was the Chief Minister, the Prime Minister visited the state two times. Prime Minister had told at the time of inauguration of food park that there will be 10,000 direct employment and 25,000 employment. But nothing has happened till now," Siddaramaiah said.

Besides the Prime Minister, Siddaramaiah also criticised Chief Minister BS Yediyurappa.

"In last election, Prime Minister had told that, if BJP comes to power in Centre and state, there will be development. But nothing has happened. Chief Minister and ministers should have spoken to the Prime Minister about relief funds. The central government should have announced it as National disaster... That's why I called BS Yediyurappa as weak Chief Minister," Siddaramaiah said.

"He had said if BJP is in power at the centre and state, doors of fortune of the state will be opened. People trusted him and gave 25 seats in Lok Sabha elections. But now, he doesn't even open the doors of his house for his party leaders," he said.

Congress leader further cornered the Prime Minister over his address in Tumkuru Mutt on Thursday and said, "We admit Pakistan is an evil country. But what are you doing about minorities in our country? You are bringing law against the minorities. Is that right? And you give speech about these things in front of young children."

Prime Minister Modi is on a two-day visit to Karnataka and is attending several events as part of his official engagements.