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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.

Bengaluru, Feb 9: Senior JD(S) leader and former prime minister H D Deve Gowda has called upon all the regional parties and secular parties to join hands with the Congress and work in tandem to take on the BJP.

Noting that mere speeches would not help, he said the regional and secular parties should enhance their strength politically in the country.

"We all need to join together with Congress and work in tandem with the available strength only then will we be able to stop them (the BJP)," the JD(S) supremo said at a public meeting organised by the party in Hassan district on Saturday.

Gowda cautioned the regional and secular parties against sitting idle watching the developments in the country.

"If the small and regional parties do not exercise the powers given by Dr B R Ambedkar to the country, they (BJP) are going to the extent of finishing them up," he said. Interestingly, the JD(S) patriarch, had in the run-up to the December bypolls to Karnataka assembly said he would not align with the Congress and dubbed it as "not trustworthy."

Mangaluru, Feb 11: Renowned journalist and winner of Magsaysay award, P Sainath will be in Mangaluru on February 14 & 15 at St. Aloysius College (Autonomous). He will speak on the topic ‘Indian democracy in post liberalisation and post truth era’.

P Sainath’s two-day visit to St. Aloysius College will also feature a workshop by the veteran journalist on his rural development project PARI (People’s Archives of Rural India). It is a part of the tenth edition of Media Manthan, a National level media fest organised by the post-graduate department of Journalism and Mass Communication of St. Aloysius College.

P. Sainath is a veteran journalist and media activist who has an avid interest in rural reporting. People’s Archives of Rural India (PARI), a digital journalism platform is an initiative put forward by him which aims to document rural Indian lives and livelihood. Sainath is also a teacher who has trained over 1000 media persons across 27 years.

Media Manthan is a media festival by the PG Department of Mass Communication of St. Aloysius College (Autonomous). Besides endowment lecture and workshop by P. Sainath, the fest holds various media-related competitions for the students of various colleges from across the state.