Justice after 24 years: Abdul Nasar Madani among 8 acquitted in ISS case

September 1, 2016

Kochi, Sep 1: The additional sessions court, Ernakulam, on Wednesday acquitted eight persons including PDP leader Abdul Nasar Madani in the case related to the secret meeting of banned outfit Islamic Sevak Sangh (ISS) held at Mynagappally, Kollam, in 1992.pdp

Additional sessions court judge K M Balachandran acquitted the eight persons including Madani's father granting benefit of doubt.

The judgement in the case was delivered 24 years after the Sasthamkotta police had registered the case.

The case pertains to a secret meeting of ISS held at Madani's residence at Mynagappally, after the demolition of Babri Masjid in 1992. Trial in the case was shifted to Ernakulam from Kollam after Madani prayed for the same. Madani and his aged father were also exempted from appearing before the court at trial stage.

Of the 16 accused in the case, eight are still absconding.

During the raid at the meeting, the police had seized country made pistol, 1.4kg of gunpowder, ammunition, metal detector, notices and pamphlets of ISS. Of the 21 witnesses in the cases, two had died after delay caused in the beginning of trial. The court examined seven witnesses , 18 material objects and 18 documents during the trial stage.

The police had submitted chargehseet in the case

Comments

Ahmed K. C.
 - 
Saturday, 3 Sep 2016

This is how they create terrorists out of innocents.

SK
 - 
Thursday, 1 Sep 2016

SHAME on our Judicial system .....Hypocrites..... They are born to spoil the lives of others , as happened in Akshamdam , Hyderabad , Ajmar, Malegaon and so many cases..... CURSES OF THE INNOCENTS WILL NOT GO WASTE .....

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July 8,2020

Kasaragod, Jul 8: The meeting of Kasaragod district-level corona control core committee has resolved to make pass mandatory for vehicles to bring vegetables and fruits to Kasaragod from Dakshina Kannada and other parts of Karnataka.

Pass will be issued by RTO. Employees, including the driver of the vehicle, must visit the nearest primary health facility once in seven days and undergo a health check and submit a medical officer's certificate.

District Collector Dr D Sajith Babu, who presided over the meeting, said that only those vegetable and fruit vehicles that produce medical officer's certificate and RTO's passes will be allowed to cross the border.

Meeting, the RTO has decided to convene an emergency meeting of vegetable and fruit merchants.

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News Network
February 19,2020

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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News Network
June 18,2020

Bengaluru, Jun 18: Karnataka Public Service Commission (KPSC) was reprimanded for withholding information, sought by a candidate regarding an examination held in 2005 for Gazeted Probationary posts, by the State Information Commissioner here on Thursday.

According to official sources, the State Information Commissioner NP Ramesh, while disposing off a petition by the candidate, who had written an examination conducted by the KPSC for the gazeted probationary posts held in 2005, had directed to provide the information sought by the candidate, free of costs within ten days.

The State Information Commissioner in his order had termed the conduct of the KPSC as against the spirit of transparency among the public authorities.

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