North Karnataka state issue: HDK hits out at media for adding fuel to fire

Bengaluru, Feb 4: Congress leader and former minister U T Khader today demanded an “objective” probe by an IAS officer into the sedition case the police have booked against a school in Bidar for a play students staged on the controversial Citizenship (Amendment) Act.

On January 26, the Shaheen Primary and High School was charged by the Bidar New Town police with sedition on January 26. This was based on a complaint by an Akhila Bharatiya Vidyarthi Parishat (ABVP) worker who claimed that the play staged by the students on January 21 “insulted” Prime Minister Narendra Modi.

On January 30, the police arrested Nazbunnisa, the mother of an 11-year-old student and Fareeda Begum, a head-teacher in the school.

“This shows how today in India and in Karnataka, the BJP is looking to suppress the voices of people. Sedition cases have no value anymore,” UT Khader told a news conference.

“When a complaint on sedition is filed, action must be taken after obtaining legal opinion. But today, a written complaint by any BJP worker is enough to brand someone as anti-national. Even schoolchildren aren’t spared,” Khader said.

“An IAS officer should be appointed to objectively probe this. If something is found, then the police can continue the investigation,” Khader said. “But the government should pressurize the police. We’ve seen what happened in Mangaluru,” he said, referring to the police shootout that killed two people during an anti-CAA protest. “I know it’s difficult for officials to resist political pressure, but a line must be drawn. All officials must come together and send the government a message, that they will not be bogged down to pressure that’s against societal interests,” he added.

Khader said he lacked faith in the BJP government. “That’s because the BJP tends to give election tickets to those who plant bombs,” Khader said, citing the example of terror-accused Bhopal MP Pragya Thakur. “Even the Aditya Rao case (Mangaluru airport bomb planter)...we don’t know what’s happening. They just want to hush it up,” Khader charged.

Bengaluru, Jun 16: A woman employee at the Vikasa Soudha, next to Vidhana Soudha, the State Secretariat, was tested positive for COVID-19 on Tuesday.

Hence the authorities sealed the Food Department offices, which was in the ground floor of the building.

Employees of Vidhana Soudha and Vikasa Soudha were shocked after learning that one of their colleagues tested positive for the dreaded killer coronavirus.

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.