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
Wow just in 9 mins the fire service reaches!!!
The biggest blunder of Modi Government....those who eat beef let them eat it....those who do not with all respect do not eat it....its their choice.....vote bank politics...that should be stopped for once and for all....
Muslims do not eat pig....but do not disturb Christians at all...
Masha allah our great leaders. may Allah give you long life.
incredible India.. The government, high commissioners getting a warning by RSS Terrorists but no action till date and if it is said by Muslim outfits they will name it as terrorism and file case against innocents.
Now impose case against these goondas and let's see how they will react..
If These terrorists warns means don't worry. If they strike and do any other terrorist acts, then shoot them. Automatically Dakshina kannada will become peaceful district like before.
NIA It is Narendra Interests adopting Agency.
They killed karkera, Good police inspectors everywhere Ex. Bathla house attack, etc.
They are arresting whomever opposing RSS and their Terrorist organizations.
and Why not BJP ????????
its unfortunate that ...he included SDPI as a communal group ....its a POLITICAL party ...just because fighting for the rights of minorities and dalits . and killed by RSS government is adding and considering as communal parties ????????????????
RAI , UT and LOBO are behind this to add SDPI too in this list ...
and one more thing is that ... victim of RSS are all including RSS members ( some times RSS kills their own members to shut the mouth) .....now when RSS started to kill civilians in DK and NK....and Popular front started to protest against the same ....now govt added victims in the list to target ...
all though the RSS is the main cause for all ....only RSS should be targeted not PFI or SDPI
All drama baazi...
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Good move,book all anti social elements for peaceful atmosphere in DK and Udupi, Let normal people live peacefully
first Police is showing its presence .....who were dead while processions and stone pelting by BD and other third class organizations .....
in fact Muslims dont pelt the stones or cow heads ...we have seen this in Shimoga and other places and as well as Bantwal ..where a viral video shows the reality ....
if P.O.L.I.C.E over come from its % pressure , then we can see some light of peace in the district .....
Asslamoalykum
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Well done police. Should punish this gundaas.
When Muslims do their job taught by prophet Muhammad pbuh ... EXPECT ALLAHs help. Never lose trust in ALLAH..
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