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
Cheering PAK against india is wrong. But Anyone can celebrate any team. There is no law.
@milan u sound like, terrorism is wrong, but anyone can be terrorists. there is no law. :P
shame on jihadist muslims who back stab our motherland , shameless beggars .kick them out of india or hack them .
How cheering for Pakistan Cricket Team is wrong? Can we then support England team when the British had ruled and looted India for 200 years? There are numerous England supporters in India but no one is against them! Can we support France in football when French had looted and invaded India? Why do Indians support Brazil or France or Germany in FIFA when Indian team is not playing in it? Indians only need to support Kabbadi instead... Come on guys, just keep aside your enemity atleast in sports.. Support whichever team you like..
They should not have celebrated Pak win openly...if at their home does not matter but not openly....their soldiers are killing our innocent soldiers....
Cheering for a team of enemy country, Celebrating the victory of enemy country against our own country is not at all justified. We all Indians should be ONE against such country in any activity. There is hard feeling or soft feeling PERIOD.
Are we going to celebrate victory of Bangladesh against India??? No one does that. Then, why Pakistan???
Some fools are celebrating pakistan victory and saffron b.fools are exaggerating it for political mileage
Its proved many times who z bloody anti nationalists , when rama sena hoisted pakistan flag in Sindagi, Mutalik gang s bomb blast in hubballi court , ABVP s Pakistan zindabad @ JNU and now one more allegation, grow up sangis this style bcom old
Soon after the match many of Indian team players wholeheartedly congratulated Pakistani team and shook hands with them. Are Indian team players also anti-nationals? Do they also face sedition case?
Good point Rajan Shetty. Keep commenting. Silence of nationalists will encourage anti-nationals.
These gandutva guys have a very little heart
Whole cricket team of india should be in jail including gavaskar and gambhir . They congratulated Pakistan and praised them...
Actually the fact is ...this is the result of Media propaganda by RSS since many years ......................they were taunting Muslim youths telling Pakistan which they have no connection and bond is real friend......then simply youths started to anger the Saffronists by supporting pakistan verbally ....but some youth still using the same tactic to anger RSS ...but Rss a anti national organization uses the same to polarize ...unlike RAMA SENE which hoisted Pakistan Flag in Sindhagi ...is out of the talk now ????????????
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