Karnataka Hospital Cured COVID-19 Patient Using Plasma Therapy: Minister

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.

Bengaluru, Jan 24: Karnataka Chief Minister BS Yediyurappa on Friday said the much-delayed Cabinet expansion will take place in the next three days.

At the Kempegowda International Airport, after his arrival from Davos, he informed that he would discuss the matter with Union Home Minister Amit Shah to take a final decision on the distribution of important portfolios.

Deputy CM Ashwanath Narayna, Home Minister Basavaraj Bommai and others received the Chief Minister at the airport. The issue of Cabinet expansion was kept in abeyance, ever since the spectacular victory of 12 Assembly seats for BJP, for which the by-elections were held recently. The bypolls were necessitated, following the resignation of about 17 sitting Congress and JD (S) MLAs, which resulted in the collapse of the JDS-Congress coalition government in the state.

BJP had reportedly lured the Congress and JD (S) MLAs into their camp, after promising them to give party ticket to contest the elections, as well as ministerial berths. The Chief Minister had kept as many as 16 Cabinet berths, along with plum portfolios, vacant, after forming the BJP government, with the support of the deserted Congress and JD (S) MLAs, in July last. However, the issue of Cabinet expansion had postponed on one reason or the other, as Yediyurappa was struggling to keep the promise he had made to the former Congress and the JDS MLAs, on whose sacrifice the BJP came back to power.

With the strong demand for ministerial berths within the loyal BJP MLAs, the BJP high command had reportedly advised Yediyurappa to accommodate only a few of the turncoat MLAs and strike balance between the groups.

However, Yediyurappa, who had assured the Congress and JD (S) MLAs of giving them Cabinet berths, had been in dilemma ever since and found it tough to convince the party's Central leaders.

According to party sources, the Chief Minister is not only facing problems over the expansion of his Cabinet, but is also worried over the demand for creation of more number of Deputy Chief Ministers, adding to the present list of three.

Mangaluru, Feb 28: BJP Corporator in Mangaluru's ward number 46 (Cantonment), Divakar, has been elected as the Mayor of the city on Friday. While Janaki aka Vedavathi, Corporator of ward number 9 (Kulai), has been elected as the Deputy Mayor.

Divakar secured 46 votes including that of MLAs D Vedavyasa Kamath and Dr Y Bharath Shetty.

Regional Commissioner V Yashwanth conducted the election at the Council Hall of Mangaluru City Corporation (MCC).

Two nominations were filed for the post of Mayor. Congress had fielded Keshav, representing ward 37 (Maroli) for the post of Mayor. Keshav secured 15 votes including that of MLC Ivan D'Souza.

Congress had fielded Zeenath Samshuddin of ward number 44 (Bunder) for the post of Deputy Mayor and secured 17 votes.

Two Social Democratic Party of India (SDPI) corporators remained neutral for the post of Mayor while they supported the candidature of Zeenath Samshuddin of Congress for the Deputy Mayor post. Janaki aka Vedavathi of the BJP secured 46 votes.

The BJP had swept the elections to the 60-member council held on November 12 by winning 44 wards, while the Congress won 14 wards. Social Democratic Party of India won two seats.

Election to the post of Mayor and Deputy Mayor was conducted as per the reservation roaster for the 21st term dated September 3, 2018. Accordingly, the Mayor's post was reserved for candidate from BCM ‘A’ category while that of Deputy Mayor for woman general.