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
This is a advance education era. Most of the grown up childrens are well capabe to understand what is good what us bad. What is God's Creation and what is not. In our Inpendence country every one have right to choose their choice.
Orthere no need to interfere or they have right to do any forcefull act fo
Convert the rest or to do forcefull Ghar Wapsi.
Trust street mongers will stop these non sense activity.
Some one faught with his father n left home. Some mentally group's trying to create communal tension in South Kanara surroundings.
State Govt n dept must take strict action n send them behind bar for at least 6 months period is the only right remedy.
Jai Hind
bjp has no other issue and that is the reason they take up converion issue. Its cleared by Police Dept that no case of forced conversion taken place in Suliya. Based on this, Police should ban hate mongers from giving any speech and ban these terrorist organisations.
More & More people converted to Islam in USA & Britain so that they can create another Afaghanistan & Syria
Bopanna...
I feel you need more education on God... U look dumb when u dont study about your enemies.. Dont just depend on cheddis fed info on islam...
Use your own intellect and read your enemies book The QURAn...
I will help U ... read online theQuranProject , well explained for people like you... Try it man.
Another pillar of Islam
1. Bombs
@Sangeeth, Mangalore
Yes! they converted because of listening to zakir naik's speeches. Because he speak the truth. and they liked the truth.
Entire Karnataka incluidng Dakshina Kannada is crying for drinking water. But these shakunis are worried about religious conversions.
I want to ask the bunch of jokers in this forum - Viren, Yogesh & Sangeeth
Your voice speaks that you are really worried of growing popularity of Islam
Why do you think people are forcibly converted? Are they illiterates ?
You will agree to the fact that in this modern age, each product has its own USP and just imagine why there are more Airtel subscribers in the country compared to other telecom providers ?
Are the customers compelled to subscribe for their product ? In this age, every individual are smart enough to decide which one suites him.
So it is foolish to tell people are being converted forcibly
Yogesh...how innocent Hindus became chaddis...this is mind wash from terrorist group RSS
@Yogesh
UK's No 1 News channel
http://www.dailymail.co.uk/news/article-1343954/100-000-Islam-converts-…
@Yogesh proof for yogesh
http://www.dailymail.co.uk/news/article-1343954/100-000-Islam-converts-…
http://www.ibtimes.com/muslims-america-more-latinos-converting-islam-us…
CELEBRITIES WHO CONVERTED TO ISLAM, SO MANY
https://en.wikipedia.org/wiki/List_of_converts_to_Islam
And whoever seeks a religion other than Islam, it will never be accepted of him) ?3:85?.
In this Ayah ?3:19?, Allah said, asserting that the only religion accepted with Him is Islam,
No other religion book says. We dont benifit by converting u people, u are getting benifitted.
At the end of the day, those who doesnt follow and practice islam. He will be the loser.
More educated person is converting to islam than non educated ones.
Highest people are converting islam is from britain and america. There is no pint of force converting.
After 9/11 to prove quran wrong. many started to studing quran, they found that it is the true peace religion. And the terrorists are doing anti islamic. Against islam. So many people converted stil now people are converting.
Many big celebrities like mohammed ali, tyson, tony blairs sister are all converted to islam
please note that hindus converting to islam because of some hate speeches made by hindu leaders like kalladka
@VIren
U should Thank Arabs, the word Hindu is given by Arabs.
The actual Religion is named as Sanathan Dharm. Which nobody Follows.
@viren
How Hindu Population is Increasing, Show me a single Person who converted from Islam to Hindu.
i think u r just telling Opposite,
Plz Check, Ur family Members might have converted to Islam.
Police should arrest all PFI goons , hindu population is increasing day by day and PFI aware about it
Just say in ur heart, La ilaaha illalla Muhammed arra Soorula, u Have passed first stage of islam. No body can stop it.
This is the power of islam.
The Five Pillars consist of:
Shahadah: sincerely reciting the Muslim profession of faith.
Salat: performing ritual prayers in the proper way five times each day.
Zakat: paying an alms (or charity) tax to benefit the poor and the needy.
Sawm: fasting during the month of Ramadan.
Hajj: pilgrimage to Makkah.
No other religion book says so.
Hindus make idols, But i think, the man who makes the idol. is greater than idol.
Add new comment