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
Rakesh
why sit in DOHA come to INDIA and start \Swatch Bharath\" before that clean your \"dirty mind\""
nationals=those are protest peacefully .
anti nationals=beating the people, taking law in hand, not respecting supreme court order,abusing people.
now decide who is antinational.
Dear Mohammad and Syed Jubail, Every one has a right to say his opinion or comment on any issues. so please refrain yourself from wrong comments.
Thanks to PFI to register their unhappy on Ananth statement against Islam and Muslims.
#4 RAKESH DOHA, BE CAREFUL YOU ARE NOTED BY PFI ACTIVISTS FROM DOHA.....DONT COMMENT SUCH A HARSH WORD TO MUSLIM COMMUNITY....
Rakesh Doha, Kindly refrain from commenting against muslims as you are in a muslim country and should be thankful that your daily bread is coming from muslims. First clean your thinking SWACH BRAIN
Sagar & Rakesh please give one anti national activity of PFI...
But for RSS so much available....Sindhagi flag, major bomb blast - Ajmer Dargha, Mecca Majsid, samjota Express, demolition of Babri Masjid and lot more...
We all knew after Modi government u all people are frustrated....u all require a change now better all chaddi gang migrate to Nepal because no one will disturb u there...
azadi from PFI, well known anti national group, let me give one example if your true believer of god your should support all the religion. bhagwan commented against hindu god !!! if u people are not anti national u have to protest against that also. clearly pfi related all people and groups are anti national. if u want a wonderful national please avoid protest against the one who commented on u, your god, protest against effects on each and every one,
KICK OUT RSS FROM THIS BEAUTIFUL COUNTRY....THEY DONT DESERVE TO BE A PART OF THIS LOVELY COUNTRY.......I LOVE MY INDIA
I HATE RSS IN INDIA
WE WANT AZAADI FROM RSS, VHP,BD SRS, ANTI NATIONALISTS GROUP....
SAVE INDIA FROM RSS
PFI is only hope for the future
People criticise only those who work for the community....as you see that RSS was attacking MULIMS verbally and physically ....but time has changed .....it now attacks verbally PFI (as it has no guts to face PFI physically) because PFI fight to the limit against any elements which is against our constitution and against any Fascist so called Powers and against Anti nationals like Muthaliks who hoisted Pakistan flags
by the way we forgot that Govts taken the Sindhagi Flag issue than JNU fake slogan issues...this is real Fascism
come on people ...dont here gossips against Popular Front of India ...its all Gossips either from So called Secular Muslim leaders who for their self interest go against it ...or RSS who are seeing PFI as thret to their ultimate Goal of Brahminism INDIA
u guys cannot do anything , what happened to baby nirbhaya ( fake case) , all people know about your community mentality .instead of do some good job like swach bharath . we dont see no proactive lead taken by muslim community on this part .
guilty must be punished, good luck pfi u will get justice.
anti national protest, anti national party of india.
PFI doing good protest, protest till ananth gets maximum punishment.
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