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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.

Mangaluru, Jul 22: City based APD Foundation has mooted the idea of giving state recognition and compensation for ‘Covid Saviors’, namely healthcare workers and civic officials who die in the line of duty in the war against Coronavirus pandemic. This suggestion was formally proposed by Abdullah A. Rehman, Founder & CEO, APD Foundation in a letter addressed to Shri Narendra Modi, Hon’ble Prime Minster of India and Shri B. S. Yediyurappa, Hon’ble Chief Minister of Karnataka on July 22, 2020.

In the letter Mr. Rehman asserts that COVID-19 pandemic has caused widespread devastation in the country and played havoc in the lives of the common man. In this scenario, the healthcare workers, such as doctors, nurses and paramedics along with civic officials have emerged as the saviors of the suffering humanity. They expose themselves to great personal risk while treating Covid patients. Many of them catch infection and a few of them have died. Such persons deserve to be recognized by the government for their supreme sacrifice.

Elaborating the rationale behind the proposal, the letter draws comparisons with practice of soldiers who die on the battlefield being glorified as ‘MARTYRS’. The slain soldiers are decorated posthumously with medals and titles of honour. Their families are provided with generous cash compensation so that the future of their widows, children and parents are safeguarded. They are provided with allotment of land, lucrative business opportunities like petrol pump / gas agency or reservation in government jobs for their spouse and children.

The letter suggests that healthcare workers and civic officials who succumb in the line of duty should also be similarly honoured. “Hence I propose that healthcare workers like doctors, nurses and paramedics who die while treating Covid patients should be recognized as ‘COVID SAVIORS’. Civic officials who are working for the cause should also be included in this scheme. Generous compensation should be paid to their families so that their future welfare is ensured as if they were alive,” Mr. Rehman has written.

The suggestion has been made in the wake of news reports that the Odhisha State Government has announced compensation of Rs. 50 lakhs and state honours for healthcare workers who die on Covid duty. Similarly the French government has announced a major increase in salary to its healthcare workers. In the same manner India too can provide optimum welfare to its health workers and set an example on the world stage.

“Though Covid pandemic is likely to be a temporary phenomenon, there is a need to recognize the service of those who are helping society to overcome this grave crisis. They inspire confidence in the hearts of the common people in the same manner as soldiers in uniform do. Hence I urge you to accept the suggestions made herein and announce the same at the earliest,” Mr. Rehman concludes in his letter.

Copies of the letter have also been sent to Shri Nalin Kumar Kateel, MP, Mangalore, Shri D. Vedavyas Kamath, MLA, Mangalore and Smt. Sindhu B. Rupesh, IAS, Deputy Commissioner, DK District for their information and follow up action.