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
@ Saboor,
Of course ppl will not forget if he did any good work at all..and ppl will not forget if he did'nt listen to them..so its vice-versa. He may have done good work in other places but if you are really from kana pls let me know one good
Dear Ansari,
What you think about Moidin, and What leasson will teach in 2018 election. people will not forget what good work he did for his constitution. He did lots of job for public in Surathkal - Kana area.
So keep quiet in political field you don't know politics.
Dear All,
Mr. Bawa came not for enjoying purpose. He came to Riyadh to participate in Beary Sangama Programme. After return to Mangalore he will finish the work pending in Surathkkal. So no one should worry about that.
He is a gentleman. Not like Palemar...
Ms. Vidya, why Palemar was watching blue films in assembly if he is good....he should have utilized his time in assembly for the progress of people of our constituency....they are all disaster....and same....
welcome to Riyadh ;)
People of this constitute will teach good lesson at 2018 election.
We appreciate Coastal Digest for bringing all political leaders issue without any partiality or any group wise like other chaddi paper of rss member.
Keep it up Coastal Digest
Jai Hind
Hahaha. I wholeheartedly congratulate Coastaldigest.com team for bringing this issue to light. Keep it up. expose more bearys and stop peeping into RSS chaddi.
# Vidya, If Palemar was better how he lost last election? Surathkal people will decide what to do and what not to do. Take care yourself at Dubai instead of nose in to non related matters by sitting in Dubai.
He is good for photo ops!!
Do we really need this kind of politicians? Palemar was million times better than him. Hope people of his constituency will teach him a good lesson in 2018.
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