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
@#14 Mohammed Saleem, Sharjah,
You have a block in your mind blocked the of evil. Once made a shahadah the evil enters your heart and mind to go to Madrassa.The Madrassas are teaching against Hindus, Christians, and Jews. Are you kidding, Islam
After many messengers were sent... and conveyed the message of ONENESS of God... ALLAH sent MUHAMMED pbuh as the last and final MESSENGER to the people to convey the same one MSG of WORSHIP the creator not his CREATION .. WE should not worship EVEN prophet Muhammd pbuh...
ALLAH Revealed QURAN to Muhammad pbuh as BIBLE for JESUS and TORAH for MoSES...
Mohammed was not the first but he was the last messenger of ALLAH... Hope this might help dear PREM PRASAD unless YOUR HEART is not HONEST to know about the CREATOR who created all that exists.....
BE sincere and honest, ALLAH guides those who truly look for him.
Prem Prasad
If you don't understand something it doesn't mean it not exist.
Islam means Peace aquired by submitting your will to God. .
It exists right from beginning
Prem Prasad.
Islam means Peace aquired by submitting our wills to God.
And it exists from beginning of mankind.
If you don't understand something. It doesn't mean it don't exist
Islam is not just Arabic word. It means submission to God and obey his commands. Adam, Moses, Jesus and Mohammed peace be upon all submitted their will to God. Islam exist from beginning. Don't make God so cheap. He is lord for all from beginning till end. No other like him. Don't make image of God and compare to anything
@#11 Mohammed Saleem, Sharjah
You have to argue without logic in a circular manner. World was unknown to the word Islam Prior to 1400 or prior to 1st century. Why did you threw out the 10 commandments of God from O.T. Where was the Term Allah prior t
The only religion is accepted in front of God is Islam.
Islam means total submission to God.
To live according to commandments of God, which he sent time to time in each area through his messengers.
Islam started from first person in earth prophet Adam PBUH.
What was the name of your God prior to 1st century. The word Islam was not prevalent prior to 1400 years. Name Islam prevailed after Arabic was invented in the 1st century. III caliph Uthman is the editor of Quran. He destroyed all the manuscripts given by so-called Gabriel. To which place you were facing and praying prior to 1400 and had you been fasting prior to 1400 years where there was no month called Ramadan. The last prophet to humanity was Joseph Smith of the Mormons religion. 124000 prophets are illusions including false prophets. Don't tell me to read Quran. No need to read any book if a person is living a righteous life.
@Prem Prasad. Islam was not created 1400 years ago. It is a big mis-conception among many non-Muslims. 1400 years ago it was the final installment of the series of prophets (peace be upon them all) and revelations sent to human being by Almighty God. We b
Dear Brother Ahmadi / Asi...
Please make following Dua, U will understand everything...
O ALLAH, make what you teach me beneficial, teach me what is beneficial, and increase me in knowledge...
Allaahumma-nfanee, bimaa allamtanee, wa allimnee maa yanfaunee, wa zidnee ilmaa (Attirmidi # 3599)
Ramadan is the month in which MUSLIMS all around the WORLD fast for 29/30 days from dawn to dusk.
Fasting is the fourth pillar of ISLAMIC FAITH
The fast is an act of deep personal WORSHIP to get closer to ALLAH (God Almighty)
It is the month in which the QURAN was revealed to Prophet Muhammad pbuh.
QURAN chapter 2 Verse 183 says : O believers! The fast has been prescribed upon YOU just as it was prescribed for the followers of the Prophets BEFORE YOU, So that YOU may attain TAQWA (Piety)
Prophet Muhammad pbuh said, ALLAH said \All the deeds of man are for himself except for FASTING, which is for ME and I shall reward it Myself...
May ALLAH accept our Fasting and reward as he promised... ALLAHU AKBAR...All praise is to ALLAH, the Lord of all that exists.."
ASI DUBAI sawal acha hi but unfortunately till date no one answered for this question from last 10-15 years.
Where the Moon is sighted ???
Arabic was invented in the 1st century. Prior to 1st century to wich place you were facing and praying. Prior to 1400 which book you were reading and what was the name of your God before the 1st century.
Happy Ramadan and may Allah (SU) Bless us all in this Holy Ramadan....
\Allahumma ballighna ramadhaan\"
O allah makes this ramadhan easy for us\"
Join us to say aameen...."
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