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
My dear Venki...I say that both are not same as u said.. Do u know why?
1. Sadhivi Prachi always gives her hate speech. Like kill them kick them out of India.. Salman khan amir khan.. oh khan yeh khan.. many more as u know...
2. Zakir naik says Islam is pure rest others are not a true.. He doesnt says throw, kick, kill etc etc.. If you have any doubts you check from google bhayya and make it clear.. so dont compare lion and dogs! Lion is lion and dogs are always dogs it will never become lion :D
Zakeer Naik has more Fans - Hindus, Christians than Muslims.
His Fans are mostly highly educated, intellectuals.
He never advocates hatreds, animosities. He says truth which are wrongly practiced not following their own respective scripts like Veda, Geethas.
His knowledge in Hindu scripts are more than any common Swamees, pandiths.
Dear venki,
Your statement shows how much innocent you are. How you can compare prachi with Zakir? Did Zakir hate any religion? he is comapring the religions. He is showing what is in hindu scripts mentioned and what you are practising. Example, in vedas it clearly mention that idol worship should not be done. How many of us worshipping Idol? Did Prachi talk about Veda any time? If you listen her speeches it is spitting venom.
He has working, serving the people even with his all wealth, without seeking any personnel benefit. He has been doing it at least last 30-35years as I know it.
It would have not taken this much time to find any irregular activity if he has been committing such.
If does not need much time to know any anti social activity.
He is very much openly operating his activities obeying all the norms.
He is more popular in Europe and US, other countries than in India.
For some people it is very much difficult to digest his popularity and his fair activities.
Unfortunately those Sanghi brothern or Sanghi sympathizers can understand that he is rescuing them from their unknown mistakes.
Whatever he is doing he is not seeking any worldly benefit.
He has a strong faith in God, his sincere efforts will be rewarded in the other permanent life (which will be after death).
Really every Indian should thank God Almighty for bestowing such sincere person.
May God help us to understand truth and Guide us.
Modi's U turn....
TRUTH PREVAILS AND FALSE WILL PERISH...ALHAMDULILLAH
ZAKIR NAIK BECOMES MORE POPULAR....IN'SHA ALLAH
CHADDIGALIGE BURNOOL BAGYA
It is UNIVERSAL truth that he is innocent and just focusing on ISLAM. May almighty bless with you good always.
It is really good news for Zakir Naik and his followers, I was sure he will come up clean as I follow him last 20 years he always support teaching of Allah and Hadees and prophet's teaching. He never criticize other religion but compares to Islam whenever there was Q&A session anybody asks the question. He respect other religion.
Best of luck ZN and continue your good work.
Where are the saffron mfs who were barking and somebody please shit in mouth......
what is the fate of that Lunatic and his associates who have been shouting from the rooftop 24x7.? Is his Time Now come to an END?
Whenever a genuine Muslim targeted almighty Allah saved them, this is enough to realize a mankind that Allah is only a creator of everything nothing else. So everybody should say in one word that \Allah Hu Akbar, La ilaha Illalah\""
Add new comment