Hadiya case: No court can annul marriage between two consenting adults, says SC

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.

Mangaluru, Mar 31: With the Dakshina Kannada district administration relaxing the lockdown from 6 am to 3 pm to purchase essential commodities, panic-stricken citizens rushed to the shops early in the morning itself.

The citizens had formed a serpentine line in front of shops and supermarkets in different parts of Mangaluru and on the outskirts of the city to purchase their requirements.

As a precautionary measure, many were seen wearing masks.

“In spite of waiting in a long queue to purchase, we are not able to get the required essential commodities. Why can’t the district administration ensure enough stock of commodities in the shops and supermarkets,’’ asked a customer who had stood in a queue outside a supermarket at Chilimbi.
People were seen crowding outside markets at Kankanady, Mallikatte, Urwa and Central Market, violating the purpose of social distancing.

Consequently, vegetable prices have increased in the markets and shops. This is despite abundant stocks being available in these markets.

Trucks had unloaded the vegetables at Central Market on Sunday, according to sources. The prices of onions are skyrocketing yet again and is sold from Rs 50 to Rs 55 while a kg of carrot costs Rs 100.

"Why can’t the authorities check the rise in the price of vegetables and ensure that the poor are not inconvenienced," asks Lakshmi, a housewife.

Bengaluru, Jan 19: Two college students have been arrested for allegedly spiking their female friend's drink and sexually assaulting her in Bengaluru.

The 19-year-old victim filed a complaint against the two accused, following which they were nabbed. In her complaint, the victim said that the two friends persuaded her to accompany them in a party where one of them allegedly spiked her drink.

Feeling unwell, she wanted to return to her PG, but the two managed to convince her to stay back at their place, where they allegedly sexually assaulted her.

"After some time one of my friends gave me something to drink and I vomited. I felt uneasy and decided to return to my PG. However, he forced me to go to his house stating that I was not in a condition to go to my PG. He convinced me saying that I can go home in the morning. I did not suspect any foul-play as he was a friend," the victim was quoted as saying by the publication.