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
who cares? go to hell
Media made her popular. No valve for this award. I strongly support raviji for this.
I wish that in your next birth you born as a girl in a backward country like Pakistan or Afghanistan , and if then you are able to raise your voice after being shot at and then if you still stay strong and become an inspiration to millions and the word then and only then would you deserve the respect that your are seeking so desperately.
Malala was also a western drama.... More people deserve to be honoured..... But why shriji just opposed malala only..... Shows comunal mentality clearly
I agree with Ravishankarji.
I agree with Ravishankar ji.
Bro Mohammad, #2
There is medicine for JEALOUSY, HATE, CRIME, EVIL habits... But the person should take the change to change himself.
Let the Jealous person read the biography of Prophet Muhammad Pbuh. and also let him read the QURAN which is the Guidance for humanity and how to live life according to the law of God. JEALOUSY will run away automatically if We PONDER on what DIVINE knowledge says to us.
Mr sri sri sri
We all know that your work/service doesn’t come free free free
It’s not a Nobel Prize offer Mr sri sri sri we all know that, at the most, it might have been just a nomination for the prize, which are in hundreds and this information is for you for free free free
He is the no. one duplicate & feku. any one shake him well all his originality will come out. No doubt one day will be soon.
Master Ravi Jeeee First I Thought would have our Great Leader Master Scorer C T Ravi jeee he is right person to award Nobel Peace award. any way Sri / Siri says he was rejected and against to Ms Malala's selection, you all surely know very well, Malala totally un fit to award it but discriminated fools around the world chosen not Maste Narendra Modi selected Ms Malala because you all fools of this criminal minded world knows against of a group or de polarise the entire group. Sri Sri is good to magic man in this world making beautiful woman Fools.
Jai Hoo Narendra Modi.
They gave noble prize for Obama, for what???....I did not find any reason for it....Malala is an inspiration and hope for millions of underprivileged girls around the world...
Really... these awards should be given to Narendra Modi, Mohan Bhagwat, for their rolE to implement successfully Acche din in the country, if this award would have been given to Ravishankar could be better also...Now all are silent this fellow started Barking
Malala Yousafzai has done nothing to deserve Nobel Peace Prize
why did you congratulate #Malala two years ago if you don't think she deserved the @NobelPrize?
WHO CARES FOR U SRI SRI SRI ,
BEC U RAISED THE SLOGAN PAKISTAN ZINDABAD PLEASE GO TO PAKISTAN U HAVE NO RIGHT TO STAY HERE ANYMORE ....
I agree with him. I love Malal for her bravery, but when it comes to Nobel prize what was her contribution?
100% i Agree With Shri Shri Ravi Shanker....
After being shot in the head.. she is still fighting for the rights of girls and children.. you say that she is not deserving one.. then who deserves more??
Shri Shri Ravishankar please stop your non-sense,
This swamiji dont have any work simply putting nose to everything. if this swamiji dont want any award let him sit at ashrama, there is no rule to follow him,
Ravi shankar received padmavibhushana this year,
There is no Medicine for JEALOUSY. Dont waste your precious time try to learn about ISALM. And be prepared for your Future.
Dear Sri,
First pay the Pending TAX to the Govt then give the lecture.You did right thing of giving back the Nobel prize as you your self know that you really dont deserve.
He is a Man with Two Faces.
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