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
Ley ali ...4 options kottu ...72 mele sigathe antha heli ...massage maadsi ...kaas kottu ... masha Allah ...antha helisbahudu ankondiya ....hahaha ..antha tapori alla kanayya ....naren kotian daaaaaa.....
Masha Allah
Naren will accept Islam by next year, insha allah.
His new name will be Muhammed Naren.
Naren,
Muttalrige estu helidru artha agalla, avarige avaradde raga,
We have thousands of Indian nurses working in Saudi Arabia mostly from Kerala and mostly non-muslims, But, only a very little percentage have changed their faith,
What you are mentioning here is all false, bogus and baseless,
Inchu illah ..massagu illa ...I have seen plenty of filippinaa and Nepalese who shifted to Singapore and Thailand after working in Saudi. ..to gain benefits they do ..non Muslim find difficult to get benefits when compared to jihadist...so it is temporary ...once they are back they are back to boom boom style ...I have met 2 escorts till now from Philippine . ..both had Muslim name. ..business ge ashte ...women nurse galu Saudi nalli kelsa madakke first convert agbeku ...illandre ...hardcore patients muttiskollodilvanthe.... Haha...even I have learnt about Islam and have one pseudo name to deal with Muslims ....it is purely for business's... Bari incoming alla swamy....outgoing bagge Matadi ...haha.. .u want me to show iskon Muslims ?
Syed,
When the people who associate partners with ALLAH revert and Worship ALLAH alone... They are already be forgiven for their Past Sin. ALLAH is most forgiving and most merciful....
May Allah forgive us and make us one of the inheriters of the Jannah.
ALHAMDULILLAH, MAY ALLAH SWT INCREASE THEIR IMAAN.AND FORGIVE THEIR PAST SINS. AAMEEN
Islam is the only religion accept by the almighty ALLAH (God) . Please make a research Y God accept only ISLAM. There is a life after death... We Muslims know that and U never understand this cos the Guidance comes only when U learn about the CREATOR who created U, ME and all that EXists...
Read QURAN with translation... U can also check online , i prefer Quranproject which is well explained to those who dont know about ISLAM and the one GOD who is the God of all that exists.
Finally Read it and U also have the choice to accept it or Not ... There is no compulsion in Religion... (What a better way Allah gives u the choice to accept it or not)
Islam is a true religion there is no place in Islam for Nama, Rama, Duma, Thoma and Roma all the prayers for Almighty Allah and leave and live for Allah, this is not only in Saudi all Muslim countries Non Muslims attract to Islam, one who see true Muslims and their believe in Allah they accept Islam..Insha Allah Islam will spread every where. Non believers and terrorists who do terrorism in the name of Islam will disappear one day Insha Allah
Dear Brother Ahmed, I agree with your comments.. But we cant throw stones for all dogs which keeps barking on roadside right? Bolney waley bolney do jo aney waley ayengey.. Cos Islam is such a religion if one non muslim goes deep into Quran he will not be non muslim later.. In Sha Allah many more to come in future
AlHamdulillah
Allahu Akber
Ma Sha Allah.. Welcome to Islam brothers and sisters.. May Allah bless you and all..
Burnol Bhagya for some :D
This kind of news will give sleepless nights to Sangh Parivar, Now they will come up with the comments like:-
It's done by the force of sword
It's for Jehadi purpose
They accepted Islam for monetary gains
Blah, Blah, Blah
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