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 attack on Karnataka by BJP. Why did not they raid houses of BJP leaders who have become rich after BJP came to power. Reddy brothers are roaming freely and had lavesh wedding of their daughter. IT department are sleeping
Timing is good!!. Each one repeats same in cycle and then they may stop doing corruption. But Indian political population is a strange one and may start bribing each other! Congress also did all kind of tactics! Timing of investigation of corrupt DMK - daughter!
How can congress explain recovery of 10.5 crores cash from the minister's residence?Is it not embarrassing for congress leaders who called the raid witch - hunt?
What does BJP say about corruption of their own leaders. How many raids were given on the corrupt leaders of BJP. There are not hundred but thousand cases of corruption of BJP leaders. Recently in Chhatishgarh, one minister Brijmohan Aggarwal has encroached the government land. A few days ago Chief of Kerala BJP was caught for taking bribe of Rs 6 crores. After demonetization maximum black money was recovered from these BJP leaders. Before demonetization, dubious land deals were executed with their black money as they know fully that demonetization was to be declared by their party.. Black money was recovered from the BJP leader in Punjab as well from Madhya Pradesh leader. Who is funding Amit Shah who is roaming using chartered planes from one place t0 another place. What were the sources of funds during elections either for the Centre or for the states. Admitted Congress is corrupt but BJP is the most corrupt party in India.Wherefrom they got 15 crores to purchase MLAs.
All corrupt politicians are the feathers of the same bird. All are corrupt whether in the ruling party or in the opposition. Some of them are pro industrial and getting unaccountable money to be spent on their rival parties to let down. If any leader is corrupt and facing trial in the court, they either try to purchase the sitting judges or transfer them on the name of promotion. These tactics have been used by Modi Government in Gujarat to have clean chits in Godhara riots.The enquiry commission was appointed to enquire about who were behind the killings of innocent Sikhs, one Mishra was purchased by the Congress party and he was taken in Rajya Sabha.These commission heads are corrupt and working as per directions of the ruling party. How one can get justice. In India justice is denied to poor, downtrodden and minorities. These political parties have cleverly expert to change the facts into lies. They are expert to purchase and threaten others who are disagreed with them
How can there be black money? Demonetisation was supposed to eradicate it.
He's questioning the time, he's not questioning all that money that's been
seized!
"Mr. Shivakumar's mother hit out at Mr. Siddaramaiah accusing him of not
protecting her son."... ideal mother
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