Man divorces wife through triple talaq' on phone from abroad

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.

Chikkamagaluru, Jan 28: Karnataka Deputy Chief Minister and Minister for Public Works Govind Karjol on Tuesday said that he is ready to quit if the post asks him to do so to pave way for smooth expansion of the Cabinet.

Responding to a question from media persons on the issue here, he said he was ready to quit his post any time.

“If the party asks me to resign now, I will send back my official car and return by bus”, he added.

Further, he opined that there should not be efforts to seek a berth in the Cabinet based on caste.

“Putting pressure on the party based on caste is not right. The party will consider those who worked for the party and also take district-wise representation into account while filling up the vacancies”, he added.

Bengaluru, Apr 5: Opening of Karnataka's borders to Kerala at this point in time will be like "embracing death," chief minister B S Yediyurappa said on Saturday making clear his government's stand not opening the state border.

The chief minister repeatedly said that for his government interest of the people of the state was supreme.

Yediyurappa made his stand clear in a letter to former prime minister and JD(S) patriarch H D Deve Gowda.

Gowda had recently written to the chief minister on March 31 seeking relaxation of the border restrictions on "humanitarian" grounds.

He had also written to Kerala chief minister Pinarayi Vijayan expressing his anguish against Karnataka authorities for imposing restriction and promising to raise the matter with prime minister Narendra Modi.

Stating the decision to close the border was not sudden, Yediyurappa said, it was a conscious decision after analysing the health situation in the area following the spread of COVID-19.

The chief minister cited the Indian Medical Association, Mangaluru branch data regarding the spread of Covid-19 in Kasargod of Kerala and surrounding areas which was alarming.

Noting that the region has nearly 106 positive coronaviruscases, he said, "this is the region with most number of infections in the country."

If this restriction is removed, it puts the health of the people of Karnataka in to risk and create a situation of "embracing death", so we will not be able to open the border, Yediyurappa said.

He also clarified that there was no prejudice behind his government's decision, and the interest of the people of the state was of utmost importance.

"...There is also no political maliciousness. We want to have good and brotherly relationship with neighbouring states," he said, adding that opening the border will open a pandora's box that will be disastrous for the state.

Yediyurappa also thanked opposition parties for their support to his government in its fight against COVID-19.