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
This passage has always been quoted out of context and never post other verses 9:1-14, If they did, people would find out that it says the opposite of what they claim. Read from 9:1 – 9:14,
Islam never says to kill non-believers and this wording is related to pagans at the time of renovation. Quran is not an ordinary book. To understand the quran better you need to study Hadith and history. Dear brother Rudra I really appreciate your quote and I advise you to study more and more about islam to find truth. May Almighty Allah Guide you and your family in a right way. May Allah bless you if he wishes. Insha halla
Dear Asokan, dont trust on sanghis who are trying to brain wash you. Whatever you have stated is wrong. Your daughter has no passport to go out of india. Secondly your son-in-law is not a terrorist but those sanghis who are brain washing are the real terrorists who killed Bapuji.
All claims, no proof.
Kill unbelievers where you find them. koran 9:5
Do you dare to deny it? Do you follow it ? pseudo muslim.
As per Quran, All muslims are not terrorists, there is no doubt in it.
I agree with you whatever legal points of view expressed. Hadiya is matured, educated lady and free to convert, believe and marry the boy of her choice.
There is another face to this, which also to be a face of parents! irrespective of Ashokan's Sangh parivar leanings, keep in mind that he is father of Hadiya.They born & bought up her for 24 years and all of sudden they lost her! How their agony, misery and sufferings will be? Just keep us in his place and think, don’t we require little introspection?
Mr.Ashokan Miscerabley failed to prove his claim as said! now even the supereme court allowed Hadiya to meet Mr.Shafin Jahan! the above statement is out of his frustration he maight have said. Now a days it is very easy to paint some one as terrorist , and some as nationalist! media and some Govt. agency under RSS control anything may happen in future as they decide who is nationalist and who is anti national!
Pray for Mr.Ashokan, Please read Islamic history before you comment.
Every one misunderstood that accepting islam is just taking membership. Islam is way of Life proved scientifically and logically. It is just way of Life. any one can learn Islam and practise it. It is open and no body will force to accept islam. It is choice to practise Law defined by Our creator. No body wil be a True Muslim unless he practice the way of life defined by creator. increasing membership in islam no use. Every one should understand their creator and obey him. It is very simple and beautiful. If any one understand the principles of Islam. automatically he will attract. and identify his creator. Only our creator can read our mind and understand true believer. by name we cannot say he is true beleiver.
"If thousands of crminals escape also no innocent should be punished"
"one should not eat full if neighbour is starving"
what a beautiful teaching. We pray Al mighty Allah shows right path for all human being.
Now he need Treatment from Mental Hospital.
How dare Asokan to call a man terrorist without a proof ?
He has the rights to object to the marriage but, can't call a man terrorist.
Drag him to court of law for defamation.
LOL
mr. jahan, file defamation case against this ignorant human...
In sha allah on judgment day hadiya's father will realize that her daughter had made a right decission by entering to the fold of islam and saved her life from hell fire. But sad part is her father is not realizing this now. I pray with almighty that to give hidayah to hadiya's father.
If ALLAH wills, one day you will come to realise that my daughter hadiya has taken a good descision, from dark to light. and i hope that hadiyas entire family will be enter to islam. May ALLAH guide you to understand islam. Aameen.
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