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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.

Mumbai, Feb 26: Targetting Shiv Sena's silence over the recent controversial remark by AIMIM leader Waris Pathan, former Maharashtra Chief Minister Devendra Fadnavis on Tuesday said the Uddhav Thackeray-led party might be "wearing bangles" but the BJP was not and knew how to retaliate in the same manner.

"Shiv Sena might be wearing bangles but we are not. If someone says something then he will be given an answer in the same way. BJP has this much power," said Fadnavis while launching a scathing attack on ruling-Shiv Sena in Maharashtra for not taking strict action against Pathan.

Fadnavis was addressing protestors at Azad Maidan where BJP launched a protest against Maharashtra government over issues related to farmers and women.

On February 20, while addressing an anti-CAA rally, at Kalaburagi in Karnataka, Pathan had said, "time has now come for us to unite and achieve freedom. Remember we are 15 crore but can dominate over 100 crores."

"They tell us that we have kept our women in the front - only the lionesses have come out and you are already sweating. You can understand what would happen if all of us come together," he had said.

Facing flak over his remarks Pathan later took back his words and had said he had not targeted any community but had spoken against members of some organisations.

"If any of my words have hurt someone, I take them back as I am a true Indian," Pathan said at a press conference here.

The AIMIM leader said that he was being portrayed as being anti-Indian and anti-Hindu for the past couple of days.

"I want to say that my earlier statement was basically against people who are members of organisations like RSS, BJP, Bajrang Dal, etc. These 100 are those people who want to divide this beautiful nation," he added.

Bengaluru, Jun 2: Karnataka Chief Minister B S Yediyurappa on Monday claimed 70 per cent of the people of the country want Narendra Modi to not only complete the current term, but also want him as the Prime Minister for the next term.

He also called PM Modi "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir.

"70 per cent of the people of this nation want Narendra Modiji not only to complete this term, but also want him as the Prime Minister for the next term, so that he can find solution to the problems faced by this country. This is the aspiration of the young India," he said.

Mr Yediyurappa said PM Modi has successfully completed one year of the second term and the country is surging ahead in the path of progress under his "exceptional and far-sighted leadership."

"The Prime Minister is leading the country forward towards development with his Sab Ka Saath, Sab Ka Vikas, Sab Ka Vishwas principle and inclusive schemes," he said, adding that PM Modi is spearheading the cause of building a "strong and self-reliant Bharath."

Speaking to reporters in the backdrop of the one year of the Modi government''s second term in office, the chief minister said Modi is recognised as an exceptional leader not only in India, but also at the global level, through his mantra - Vasudaiva Kutumbakam.

Mr Yediyurappa termed the PM "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir, and formation of Jammu- Kashmir and Ladakh as Union Territories.

He listed the key decisions of the BJP-led central government such as banning the practice of triple talaq among Muslims, the Vande Bharath Mission, the Citizenship Amendment Act, one country-one ration card scheme, new Motor Vehicle Act, besides also "finding solution to Ram Mandir issue" , among others.

Mr Yediyurappa said PM Modi's decision has played a decisive role in dealing with the COVID-19 situation in India. He has competently handled a huge challenge of combating the coronavirus in a country with a population of 130 crore.

"He implemented the most stringent lockdown restrictions in the world to control the spread of COVID-19 and achieved remarkable success," he said, and lauded the Rs 20 lakh crore package that has been announced to revive the economy amid the pandemic.

"Modiji also supported the State during the devastating floods last year.....the state government is determined to develop Karnataka deriving inspiration from our Prime Minister''s efficiency."