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.
Mahesh S Patil, the judge of second additional civil court and JMFC, Managluru, ruled that Mr Uchil should be given a compensation of Rs 50,000 along with interest at the rate of 9% per annum from the date of suit till the actual payment towards damages.
Comments
Dear Abdulraheem Uchil,
Hope these messages, will contribute you a major change in your life as a TRUE MUSLIM.
At least now you have to change yourself for sake of your own.
All community people will love you, if you truly learn and change.
Allau is Gafoor Al Raheem. He accepts sincere apologies and Tauba
I really respect for the word what he said is
About the interest being Muslim !!!
Dear brother,
You should now think how many people in your own community disagree with your principles.
Just for materialistic benefits you are compromising with teachings of Great religion where you borned with.
This world is not permanent. You and we are here to prepare in this life for the next permanent life.
Here we are supposed to face all type of difficulties to enables to lead the next life comfortably.
Join other your fellow community members. Live with them.
don't earn their enmity.
May Allah forgive us and you.
Dear brother,
You should now think how many people in your own community disagree with your principles.
Just for materialistic benefits you are compromising with teachings of Great religion where you borned with.
This world is not permanent. You and we are here to prepare in this life for the next permanent life.
Here we are supposed to face all type of difficulties to enables to lead the next life comfortably.
Join other your fellow community members. Live with them.
don't earn their enmity.
May Allah forgive us and you.
Dear Mr Rahim,
Congrats on winning the law suit.
In my opinion, you dont have to listen to the negative comments, especially to that of you receive from bearies. It doesn't matter which political party you belong to, as long as you do good service to the society.
They advise you on how to be 'true muslim'. 'True muslim' tag is not 'universal'. Till today nobody can unambiguously/univocally/indisputably define 'true muslim/islam'. We have 100s of parties in Islam. Each party considers themselves as 'true muslims'. This confusion will never ever be cleared until end of this world. Even terrorist claim they are 'true muslims'.
So, please continue your good works sir. By good works I mean moral/ethical and socially beneficial works, which are independent of any religion. Good is good. Bad is bad. No need any religious tags/support for it.
Thanks for valuable suggestions,(positive and negative comments )
What a joke Rahim!!! From which jungle these so called politician are coming from... Redicolous
Only in front of Media he is telling that he is not accepting interest. The real matter is entirely different. If he is a true Muslim he never join facist party like BJP. If he take interest or leave interest what is the difference....??? for him.
Dear Raheem Bhai,
If you are a true muslim then you should not accept even 50,000/ rupees . Because it is not that your hard earned money. Being a true muslim atleast you should donate this money to some charitable organization such as Old home , disabled children center or orphanage , then only you can say you are a true muslim.
Ra(hi)m Uchila, you cannot be a true muslim by not accepting interest, you have to learn and practice Islam to be come Muslim.
example for the man kind, best of rahim uchila \Being a ‘true Muslim’ I cannot accept interest,” he said."
By the way, what was the actual allegation? Can you please publish that defamatory article here ? :p
Rahim uchil shirt color and pose super
Just avoiding interest will not make a person true Muslim. A Muslim has to set example by practicing all teachings of Islam in life, so that even Non-Muslim be attracted.
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