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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.

Chikkamagaluru, Jan 10: At least 15 RSS activists protesting against the 16th Chikkamagaluru District Kannada Sahitya Sammelan at Sringeri were detained, Police said here on Friday.

The Sangh Parivar activists gathered near the entrance of the hall where the event was being held and started sloganeering against the election of the leftist Kalkuli Vittal Hegde as the president of the literary gathering. The police then interfered and detained several protesters to bring situation under control.

Despite protests from the right wing organisations, the event went ahead and began as per the schedule.

Bengaluru, Jul 8: In yet another revenue generation measure, the Revenue department has issued an order permitting the sale of government land leased to various religious, industrial and other organisations.

Officials say that around Rs 2,250 crore will be generated in Bengaluru Urban district alone, if the order is implemented.

While rules for the process are yet to be formed, it has directed deputy commissioners of various districts to submit proposals for the sale of such lands leased by the government to various institutions under the Karnataka Land Grant Rules, 1969. The order came after a recent Cabinet decision. 

The order issued on July 6 says that government lands leased to private organisations, trusts, industries, educational, social welfare, religious and agricultural purposes can be regularised by paying the guidance value of the land, provided the organisation continued to use the land for the same purpose it was granted for.

If an organisation or trust wanted to convert the land for other purposes, it will be charged twice the guidance value. According to the order, land leased to organisations that are unwilling to purchase the land will be surveyed. “DCs should initiate measures to survey such lands and recover the unused land to the government,” it said.

Revenue Principal Secretary N Manjunath Prasad told DH that rules for the sale of such lands will be formulated shortly. “We have directed deputy commissioners to compile the extent of land leased to various organisations in their respective districts,” he said, noting that 921 acres were leased to private parties in Bengaluru Urban district.

From the 921 acres, the state government used to receive an annual rent of Rs 6.50 crore per year. Sale of leased land in Bengaluru Urban alone will generate around Rs 2,250 crore at current guidance values, Prasad said. 

The government is also pushing for regularisation of unauthorised buildings on Bangalore Development Authority (BDA) land and auction of corner sites to mobilise resources due to the severe economic difficulties in the wake of the Covid-19 pandemic and the state’s reduced share in central taxes.