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
I hail from a traditional Brahmin family in Karnataka. My entire family was part of RSS. I was also an RSS Karyakartha. The only aim of our lives was to demolish Babri mosque and build ram mandir. (I don’t know what is their aim today because I am no more in touch with them). Today I am a Muslim. Alhamdulillah. Years ago I embraced Islam. Though Muslim society in general has no role in my conversion to Islam, I was really impressed by some Muslim friends, their character, their language etc. However, in recent years I am observing a change in the attitude of many Muslims. They are adopting the tactics and language of Sangh Parivar. They love to abuse and mock others. They can go to any extent to justify their crimes. To be frank such Muslims are working as a great wall between Islam and non-Muslims. The number of such arrogant and uncultured people is very small in Muslim community. However their presence in social media is very strong. It’s high time such Muslims change their attitude and realise that their real responsibility. Those who resort to foul language and post provocative comments have no moral right to fight Snagh Pariavar because they are also doing the work of Sangh Parivar despite being in Muslim community. Let me also remind those hardliners that the biggest jihad for a true muslim will be against his own nafs, not against any parivar.
Imapartial?! Good joke bro. What CD did ? just hided the acts of RSS and highlighted SDPI here, shame to joiurnalism!! This is called Pimp Journalism, not impartial, understand it.
Some of the comments here show how intolerant people they are. One person is calling a murder victim a terrorist. Then what about murderers? I think the one who wrote comment in Kannada is a member of Boko Haram.
Why you people are targeting SDPI if they make wrong they will get but what about RSS , when they killed humanitarian & make problem for Innocent People why you people are not open your Heart & talk againts RSS.
Why you people are targeting SDPI if they make wrong they will get but what about RSS , when they killed humanitarian & make proble for innocent people why you people are not open you Heart 7 talk.
What do you mean by that? SO you are uneducated dumb fellow ? U dint study in Madrasa? U know what people will learn in Madrasa> what rubbish ? You are the agents of RSS goons? shame on you to use such words on Madrasa?
I dont find anything wrong in that reply. words might be fouls. But its nothing in front of the Pimp journalism you used to blame SDPI, Dont u have shame guys?
Why you are linking Islam to those who killed somebody? thats just killers, consider them as Killers only, but not Islam. shame on you to use such words like sanghis to blame Islam.. You are the one who is in CDs Manuvadi "Bhat"? Because only such people can aser like this.. Shame on you
CD should not publish these kind of comments. They are uneducated and biased people. In Islam does not teach to kill someone from any religion. They are trying to give bad name to Islam, which they cannot.
Dear SDPI Fan,
SDPI or PFI is doing very good job in Saudi Arabia. They are doing social work for the needy people for all the religion, which is commendable. Nevertheless, in India some people are doing totally revers and against Islamic activities in the name of SDPI.
Thanks for the impartial report. That’s why we love CD. Don’t fear anyone. And don’t care the foul mouthed people. Prophet Muhammad (s) has declared that foul mouthed people are munafiqs.
I would like to meet the parents of the SDPI fan who wrote a comment in Kannada here and ask them how do they bring up children. So far I thought that only Sangh Parivar’s social media army can use such an ugly, cheap and unhygienic language. Now I am convinced that there is no religion party for foul-mouthed urchins.
He is definetly not a madrasa product. He must be a bus stand toilet product. From the beginning to end he has written only shit. I think he is an expert in writing comments on toilet walls in bus stands and trains. God knows whether parents teach them basic manners or not.
Dear SDPI fan. Your anger is on CD! Then why are you murdering Kannada language?
Very nice language..! I think you must be a Madrasa product! Kindly let me know in which Madrasa you studied all these glorious Islamic words?
ಸಂಘಿಗಳ ಪೋಸ್ಟ್ ಕಾರ್ಡಿಗೆ ಸಡ್ಡುಹೊಡೆದ ಶಿಖಂಡಿ "ಕೋಸ್ಟಲ್ ಡೈಜೆಸ್ಟ್"!!
ಮಾನಗೇಡಿ ಕೋಸ್ಟಲ್ ಡೈಜೆಸ್ಟ್ ಎಂಬ ನಾಮರ್ಧರ ಜಾಲ ತಾಣವೊಂದು ಕೇರಳದ ಆರೆಸ್ಸೆಸ್ ಭಯೋತ್ಪಾದಕನೊಬ್ಬ ಜನವರಿ ಮೊದಲ ವಾರದಲ್ಲಿ ಅಯ್ಯೂಬ್ ಎನ್ನುವ ಬಸ್ ಡ್ರೈವರ್ ಒಬ್ಬನನ್ನು ವಿದ್ಯಾರ್ಥಿಗಳ ಮುಂದೆಯೇ ಎಳೆದು ಹಾಕಿ ಎರಡು ಕೈ ಹಾಗೂ ಕಾಲನ್ನು ಕತ್ತರಿಸಿ ಹಾಕಿ ತನ್ನ ಬರ್ಬರ ಭೀಕರತೆಯ ಭಯೋತ್ಪಾದಕತನ ಮೆರೆದಿತ್ತು. ಆದರೆ ಈ ಸುದ್ದಿ ಕೋಸ್ಟಲ್ ಡೈಜೆಸ್ಟ್ ಎಂಬ ಆರೆಸ್ಸೆಸ್ಸಿನವರ ಮೂತ್ರ ಹಾಗೂ ಕಕ್ಕ ತಿನ್ನುತ್ತಲೇ ದಿನದೂಡುವ ಈ ಕೋಸ್ಟಲ್ ಡೈಜೆಸ್ಟ್ ಗೆ ಇದು ಸುದ್ದಿಯಾಗಲೇ ಇಲ್ಲ. ಆದರೆ ಅಯ್ಯೂಬ್ ಮೇಲಿನ ಹತ್ಯಾ ಯತ್ನಕ್ಕೆ ಪ್ರತೀಕಾರವೆಂಬಂತೆ ಅಯ್ಯೂಬ್ ಮೇಲೆ ದಾಳಿ ಮಾಡಿದ ಮುಖ್ಯ ಆರೋಪಿ ಆರೆಸ್ಸೆಸ್ಸಿನ ಭಯೋತ್ಪಾದಕ ಶ್ಯಾಮ್ ಪ್ರಸಾದ್ ನನ್ನು ನಾಲ್ವರ ತಂಡ ಹತ್ಯೆ ಮಾಡಿತ್ತು. ಬಿಜೆಪಿಗರ ಕಕ್ಕ ತಿಂದು ಕೊಬ್ಬಿರುವ ಈ ಪೋಸ್ಟ್ ಕಾರ್ಡ್ ನ ಅಪರಾವತಾರ ಡಬ್ಬಾ ಡೈಜೆಸ್ಟ್ ಗೆ ಇದೊಂದು ದೊಡ್ಡ ಸುದ್ದ್ದಿಯಾಗಿತ್ತು. ಇರಲಿ ಬಿಡಿ. ನಂತರ ಇದಕ್ಕೆ ಪ್ರತೀಕಾರವಾಗಿ ಆರೆಸ್ಸೆಸ್ ಭಯೋತ್ಪಾದಕರ ತಂಡ ಪ್ರದೇಶದ ಕೆಲ ಮುಸ್ಲಿಂ ಮನೆಗಳ ಮೇಲೆ ದಾಳಿ ಮಾಡಿ ನಗ ನಗದು ದೋಚಿಕೊಂಡು ಹೋಗಿತ್ತು. ಇದು ಇಲ್ಲಿನ ಯಾವುದೇ ಮಾಧ್ಯಮಗಲಲ್ಲಿ ಬಂದಿರಲಿಲ್ಲ. ಇದನ್ನು ಕನ್ನಡದ ವೆಬ್ ಪೋರ್ಟಲ್ ಒಂದು ವರದಿ ಮಾಡಿತ್ತು. ನಂತರ ಎಚ್ಚೆತ್ತುಕೊಂಡ ಈ ನಮಕ್ ಹರಾಂ ಸಂಘಿಗಳ ಕಕ್ಕ ತಿನ್ನುವ ಕೋಸ್ಟಲ್ ಡೈಜೆಸ್ಟ್ ಎನ್ನುವ ಶಿಖಂಡಿಗಳ ಪೋರ್ಟಲ್ , ಆ ಘಟನೆಯನ್ನೂ ಆರೆಸ್ಸೆಸ್ ನವರ ಕೃತ್ಯವನ್ನು ಜನರಿಗೆ ತಿಳಿಸಲು ಉಪಯೋಗಿಸದೆ, ಅಲ್ಲೂ ಚಡ್ಡಿಗಳನ್ನು ಸಂತೋಷಪಡಿಸಲು ಎಸ್ ಡಿ ಪಿ ಐ ಯನ್ನು ದೂರುತ್ತಾ ತನ್ನ ನಾಯಿ ಬುದ್ಧಿ ತೋರಿಸಿತು.
Enchinambe? any secret message u sent? plz send it to me through whatsapp if CD doesnt post!
WHERE IS MY REPLY/COMMENT? NO GUTTS TO POST THAT? FEAR OF PEOPLE WILL COME TO KNOW YOUR TRUE COLOUR ? DO YOU WANT TO POST MY MOBILE NUMBER? come on show the journalims ethics now, I dint post anything abnormal things,... post it. Else anyway we have whatsapp to circulate this...
My dear Confused Reader aliyaas Coastal Digest ......Yes he might got such education from certain communal group But what you got from terrorist sangh parivaar? why you are eating shit of RSS Mr. Coastal Digest aliyaas Confused Reader ? You asked whats wrong in yur report? am asking whats right there in your report? Do you know whats journalism ethics? Just making happy and creating some rooms to the political party for which your CDs owner suports ? Shame on you man. Do you know why and how this things are started? One Mr. Ayyub who is attacked by RSS terrorists in first week of January. Sanghis chopped out his 2 legs and 2 hands. But where was your report on that? Did u report it? No, right? After killing Shyam Prasad u reported first report, as a following report u again blamed SDPI by saying its a retaliation attack on 'shyam Prasad !!. After RSS attack on muslim houses were not reported inCD till one Kannada web portal reports it. Later u also reported by blaming again on SDPI !! What you are getting from Sanghis if you are blaming SDPI? Do you think this is the journalism, my foot. Thats not joiurnalism. That called as "PIMP JOURNALISM".... Mind it. Now dont come out one more name of "Confused Reader", come out with original name, Coastal Digest. have some shame
In Kannur Sangh parivar and Left groups have been indulging in bloodshed for decades. Now SDPI also entered the fray. Very bad development. saffron groups will seize the opportunity to attack innocent Muslims.
My dear hurt reader! Is there anything wrong in report? If there is something wrong please point out. The report clearly says that RSS men targeted innocent Muslims after SDPI men killed a ABVPI activist. By the way how can u call entire community manuvadi? I think you have received poisonous education from certain communal groups. Please educate yourself.
Shocked to see such a low level repot on a news portal like coastaldigest.com, of which I was a fan so far. How can you blame SDPI if RSS goons attack innocent Muslim families? I think CD team is full of chaddi sanghis. The contact us page of CD also shows the name of a woman from manuvadi community. Where the CD is heading?
This is too much by safron groups targeting one comunity people
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