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.
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Hegde is correct. He did not say that bjp has come to power to change indian constitution. He actual said that bjp is in the power to respect constitution and respect all the religions. Media twisted his statement. Hegde is a silent person as like his Go matha. He never says anything bad to others. He loves every one and respects all religions. He did not provocate the mob in Sirsi and Kumta who damaged private and govt perperty worth crores of rupees. Actually he was there to stop any voilence. He is ready to sacrifice his life to maintain peace n the society. He tried very hard to stop people from burning police car and commiting murderous attack on police. He even tried his best to stop people from posting rumours in whstasp and media that one Hindu girl was raped by gang of about 10 muslims boys and they even tried to kill her. He even asked Honnavar people not to make Paresh Mesta death issue a big one as it was planned by insiders only. Mr. Hegde is a follower of Mahatma Gandhi and he respects Bapuji very much. He cries on death anniversary of Bapuji and hates the killer Godse. He never visits Godse Mandir built by sangh parivar. Hegde is eligible person for next PM or President of India. He should be awarded with all kinds of awards ie. Padma Chakra/Padma Bhusan/ Padma shri for his noble nature and respect to all the citizens. He will be remembered by our generations to come. He will be a hero. His face itself shows how decent and nice person he is. He is ready to get slapped on face by any one and will never take revenge. He is follower of Jesus and will ask anyone who slaps on his right side to slap on left side also. Really he is a great person. Media is trying to defame him. I think whatever media doing against him is political motivated and his enemies are tryig to bring bad name to him.
He ate back what he vomited just because of the pressure by Patriotic Indian nationals. It is in their contaminated dirty blood that these anti-national communal Manuvadi Aryan parivar neither recognize nor respect Indian Secularism, Indian Constitution and Indian Flag.
shame on you Mr. AK Hegde.....
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