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
Sandy. you really have sandy mind. PFI is not banned anywhere. you lie as you have no ground to blame PFI and no right to blame. As RSS links to terror already revealed by national media and NIA . just ask your RSS to shift to Pakistan or nepal, As they dont even hoist national flag
i dont think this ibrahim is ibrahim, i think he is not a muslim and uses false name and internet knowledge to give stupid comments and force us to reply to him..
why are you saying baseless things, Its not banned anywhere. Don’t just say the things which come into your mind without understanding them properly. Your message is foolish, ignorant and a comment without any responsibilities
@ sheikh ibrahim,
well said sir, I am sure your qualified and understand the Quran very well.
But atleast they are doing there part -what you are doing. If you have mashallah this concern then work for the cause - teach them quran and do something about it insted of just complaining.
Now please don’t give excuse that you cant ?
Because you haven’t tried.
in 1 hour a week , will also make a difference,
If you can’t then please try and hire an imam for 1 hour a week.
If you can’t even do that then donate 100 rupees a week to help that cause and help them learn Quran.
If 100 rs is to much then try 10 rs. if every one will do something insted of complaining the world will definately be better place.
Insha’Allah
Do you have any proof for your blabbering, or its just coming out forged by your hatred for the community?
As per Israel – it is believed to be anti-Islamic by many, some people support Israel just for its alleged agenda.
But to your allegation of SDPI backing “jihad against kafirs” if your definition of jihad is just like ISIS/RSS -then you are legally obliged to provide proof for your allegation and put the culprits behind bar, serving our great nation. If not then this is just a defamation.
@yogesh , so you haven’t heard about saffron terrorist?
all RSS people are where and will remain Hindus!!. Further many people wear the mask of Muslims but very few are Muslims. Also the leaders name of IS is said to be Simon Elliot. In military standard false flag operation were common by Israeli before , This is just an advance tactic, A
lso if what SDPI is saying in this particular matter is right shouldn’t you say it to be right. D
isagree with them or any one where they are wrong, But not when they are right.
@ unknown( coward/hypocrate) using false identity.
By your logic
I don’t believe this but its just to answer the retard who drew the conclusion
Nathuttam godse = killer of the father of our great nation
Hence, godse = enemy of India
godse = hindu
Hence proved
Hindu = enemy of India ?
Further,
All religion / country have there black sheeps and terrorist.
If you are sensible you can not generalise or sterocast people.
haha biggest joke , 400++ isis sympathisers are having PFI background :) double game dont work . In one side telling isis is israel and anti islam and in other side openly backing jihad against kafirs .
Please watch an interview which was done in 1990 youtube "
ISIS=Israeli Secret Intelligence Service"
In an excerpt from a 1990 C-SPAN interview with Brian Lamb, Dan Raviv and Yossi Melman, authors of the book Every Spy a Prince: The Complete History of Israel’s Intelligence Community, describe how the Israeli Prime Minister’s Office officially refers to its subordinate organization “the Mossad”
HEY cANDY, Tell me which state banned PFI?
Comman can understand it is a propaganda against org. Why PFI should ban for it's uncompromising stand against Fascism? Against Rss terror activities in India?Moth piece of RSs media failed to present a Proper evidence against PFI why?
Many states banned PFI because of their link with terrorists
Rubbish. Total rubbish. Ban PFI
Many of the PFI workers dont know the real meaning of Islam and they didn't read Quran fully or properly
PFI said the truth but these people dont have any right to blame them. Because these people only number one trouble makers.
ISIS=Muslims
PFI+SDPI=Muslims
Hence ISIS=PFI+SDPI ie Muslims
But all IS terrorists are/were Muslims only.
Add new comment