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
Ma Sha Allah.. May Allah guide her to the right path of Islam...
May Allah protect her from the fitnah of groupism.
May Allah fulfill her vision of graduating from University of Madinah.
May Allah choose her to be a Al Muttaqun.
Ameeen....
Mr.Nagesh,
You are curious about the future of this child. It is clear in the news item above regarding her plan. She may give spiritual dose of medicine to, particularly, woman folk ,thereby try to spread peace to the people. Ultimately ,the purpose of human existence is to obey the Creator,spread humanity , and lead a peaceful life.Finally,as everyone knows, we have to give our account to our creator.Hope you understand.
Absolutely no problem or restriction for women in Islam either in claiming rightful share in her father's property or acquiring knowledge, leading the community, assuming any responsible position or doing any activity under the sun that are permitted by Islamic Law. Sister Hawwa has already set her goal to be the Head of the Islamic Institution and impart knowledge, we pray Allah (God) to grant her success and be a role model to other kids.
Masha Allah !!! Wonderful news. Many Congratulations to sister Hafiza Hawwa and her parents.
Priceless treasure...... Indeed, how greatly Allah has blessed you. What a priceless treasure you have been granted.
The entire world, together with all its wealth and riches, cannot match even one verse of the Qur'an you have in your heart, let alone the entire Qur'an. What a wealth!! Subhanallah.
You have became a special person of Allah.
May Allah Ta'ala bless you.
The next steps commanded are
- Understand its meaning,
- Follow its teaching
- Share with others as much as possible, regardless their background from which faith they are. This is difficult job, but possible with HIKMATH and DIPLOMACY.
It is hard truth, because Islam has come for guidance for all, not just for Muslims only. So it belongs to all people. It is everybody's right to know and duty to know.
May God help us to learn the truth and practice it.
MAA SHAA ALLAH
Masha Allah! Mabrook! May Allah SWT Shower his blessings towards this little Hafizah and her entire family and also her well-wishers, Ameen!
Mash Allah.
Good to learn that the child is doing something not on Mobiles or iPads. But what next for this girl child? Can she become a Moulvi for Muslim men when she grows or a Khai? Does Islam provide this liberty to girls? Can the readers show some light on this?
Masha Allah ....All the Best....lucky parents ...
One of the rare qualities of Hafizah Hawwa Naseema is that she does not wear any gold ornaments. However, she was given a golden finger ring during the convocation by her institute. The institute gives golden ring to all the females who complete Hifz (memorizing Quran). This is the first and the only ornament worn by Hawwa.
May allah subhanahutala Give you success in duniya and aqirah. Also Save you from Shirk and all types of Biddaths. Ameen
May allah accept your hard work. You are a role model to all muslims.
Masha Allah, \HAFIZA\" Hawwa, Wish you all the best for your future endeavours and higher goul"
Mashaa Allah..Subhanallah
Masha allaha May allah Accept
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