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
If we Muslims bow down , We bow down to only the lord of the worlds, a creator who created U, me and all that exists.
We must bow down in humility to Almighty God only, not his creation which is man made.
Physically we should bow down somewhere, and naturally to some direction. If we were to do it right now, we would be bowing towards a random direction. our physical presence on earth forces this upon us as a prostrating Believer to GOD almighty, whether you like it or not.
The bowing down to God Almighty in the direction of the KAABA or the city of Mecca in general is a way to UNIFY all MUSLIMS to bow down to God Almighty, as one body and one unity, towards ONE DIRECTION & towards the mosque.
As to WORSHIPING the cubic black bldg. the Kaaba, We absolutely DO NOT WORSHIP IT.
I will repeat what aharkul mentioned : Umar RA came near the black stone and kissed it and said \ NO doubt, I know that YOU are a STONE and Can neither Benefit anyone NOR Harm anyone. Had i not seen ALLAH's apostel (Prophet Muhammed pbuh) kissing you, I would not have kissed YOU.
While there are traditions about kissing or touching the stone, its real significance is a MARKER of the point at which one starts the tawaaf (Circumambulation) .. A stone is just a stone."
Mr. Nothing But True, Listen Why Muslim Kissing the black stone in KAABHA because our Great Prophet (S.A) kissed the black stone which is braught from Heavan by Angels. Becuase of this only all Muslim Brother's and Sisters kissing Black Stone of Kaabha following the sunnah of Our Prophet (S.A.) Nothing Else.
Umer (R.A) before kissing the black stone said that there is no any special with you . I am kissing because our prophet (S.A.) kissed you. So Everyone should worship one god and not the creation.
Mr. Reality..you look like \Shishlya\" of Mr. Zoker Naik..before preaching others about Creator and Creation, why can't you apply this principle to yourself? WHY ARE YOU KNEELING TOWARDS AND KISSING \"THE BLACK STONE\" IN KAABA? Please throw the stone to Garbage..."
NA TASYA PRATIMA ASTI... There is no image of God
Bhagwad Geeta says in Chapter 7 Verse 20.
Those whose intelligence has been STOLEN by MATERIAL desires WORSHIP demigods besides the TRUE GOD.
It is mentioned in chandogya upanishad, Propathaka chapter 6, Khanda seciton 2, Shloka
EKAM EVADITIYAM : He is ONE only without a second.
Then Y are worshiping idols and different man made creative gods which cannot help themselves.. How can you guys not using your intellect when your OWN SCRIPTURES says not to DO SO>>>
Its HIgh time hindu brothers should know the REALITY and consequences it will take when we ignore the CREATOR and worship the CREATION.
WORSHIP THE CREATOR NOT HIS CREATION.
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