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
Hindu leaders are afraid of their population going down as people following the true God.... then who will support their party? How will they gain votes....anyhow Islam is growing and growing as much People try to defame it.......can any mai ka laal can say no and prove it....
Why the BD, VHP RSS all these are not banned. They are openly making provocative speaches. Mr. Zakir Naik has never done provocative speaches. But the people like thogadia and many more are creating lot of tensions among people. This also should be equally done.
Allahumma Aizzal Islama wal Muslimeen, Wa azillal kufra wal kafireen,
Ya Allah protect the ummath of prophet Muhammad(P.B.U.H).And save us from the Kufr of the Kafiroon.
Still if we muslims don't get United they will ban Nikah,5 Times prayer, Zakath.
very good decision .. love u modi ...he supported bin laden .... he backed terrorism .. he encouraged love jihad.. bholo bharath mata ki jai... hara hara modi ... jai jai modi .
i heard that zakir naik followers are not celebrating their prophet birthday!!!!!!!
if they are not happy in their own religion then its better to ban all over the universe.. what you say guys?
After 9/11 many reverted to Islam, the same will happen now.
No evidence is produced so far, It is not possible because, he speaks very carefully the truth, that is also without hurting others.
This is their BIASED ruling, they can do anything. Now all specially Hindus will start studying ISLAM and will accept it.
In history many DECEIVERS had temporary happiness.. and they thought they have victory by using the power wrongly ... Time is running and it will end your power too and dont think this evil power will be for eternity...
We will see INSHAA ALLAH (God willing) how your evil power will collapse..
As expected, there is a hidden conspiracy behind it these people are thinking that they can prevent spreading of Islam by this type of drama, Allah need no organization to spread his deen,
ALLEGED terror activities... Still not proven and will never be proved..
\And the disbelievers planned, but Allah planned. Allah is the best of Planners\" Holy Quran: 3:54
I request entire believers not to be panic, everything is moving as per Allah's direction.
Please don't spread rumors, don't be a part of any unlawful activities, don't be panic. Please help the needy irrespective of caste and creed, give your best for the sake of Allah. Whoever does corruption on the face of earth for him a great torment of Allah is waiting. This is Allah's promise. Ya Allah protect your believing slaves from all types of tests & trials, give us patience, give us the strength to face the trials of this world, Aameen. Please make dua for entire believing brothers and sisters of this world."
Good move by government ... so many muslim brothers are saved from brainwashing NGO...
hopefully people will coordinate with government and stops funding this unlawfull NGO
don't worry Dr. Zakir naik Allah is with you. you are not first person who faced such acts of kaafir but take patience and keep trust.
May Allah subhana bless you and our prayer is with you
very sad part is without understanding anything our own religious people making fun of you and celebrating this as their victory..may Allah guide them
A very good decision from Namo.
This is one of the scripted hidden agenda of the communal govt. which was fabricated through Dhaka blast to reach this day. VHP and RSS are two giant terrorist organizations getting foreign funds to create instabilities still at large for years.
Insha Allah IRF will fight legal battle to overcome it.
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