Sack George, don't cast aspersions on SC: BJP

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.

Thiruvananthapuram, Feb 9: Kerala has sanctioned the setting up of 28 fast track courts for speedy trial in rape cases and other cases registered under the Protection of Children from Sexual Offences (POCSO) Act.

State Social Justice and Women and Child Development Minister KK Shailaja said the state government has decided to set up POCSO courts to ensure that the culprits get the punishment they deserve. She said the decision has been taken in the wake of rising violence against women and children.

"The Union Law Ministry has recently sanctioned the opening of 28 POCSO fast track special courts in Kerala at the request of the state government. The project will be implemented jointly by the High Court, Law and Home Departments under the leadership of the Department of Women and Child Development," the Minister said.

The four courts are alloted in Thiruvananthapuram district, three in Thrissur and Malappuram districts, two each in Kollam, Kottayam, Idukki, Ernakulam, Palakkad, Kozhikode and Kannur districts.

The Minister informed that POCSO courts are jointly established by the central and state governments and according to the High Court data, 12,234 POCSO and rape cases are pending in the state.

In a shocking incident, a pharmacist-cum-production manager of an Ayurvedic product company in Chennai’s T.Nagar died after drinking a chemical preparation he reportedly formulated for tackling the Coronavirus.

The managing director of the company, who is an ophthamologist by qualification, was hospitalised after he fainted soon after he ingested the chemical component.

The deceased, K.Sivanesan, 47, of Perungudi, was with Chennai-based Sujatha Biotech, an Ayurvedic and herbal products company which was founded 30 years ago. It has a plant in Kashipur, Uttarakhand, where Sivanesan was working. Sivanesan had devised formulas of various products and used to visit his managing director Dr. Rajkumar frequently in the city.

Due to the lockdown, Sivanesan came to Chennai and stayed with his family in Perungudi. On Thursday morning, he procured the chemical component from a market in Parry’s Corner.

First he gave a small amount powder he derived from the chemical to 67 years-old Rajkumar who fainted after tasting it.

Even as he was being resuscitated, Sivanesan went into the kitchen of the house and gulped it in liquid form after adding water to it. He could not be revived.

Deputy Commissioner of Police, T.Nagar, Ashok Kumar, said, “Our investigation revealed that Sivanesan died after drinking the preparation he claimed would help COVID-19 patients. His managing director fainted after tasting it initially. Further investigation is on.”

Sivanesan was rushed to a private hospital in T.Nagar and declared dead by the doctors there. Later his body was shifted to Government Royapettah Hospital for post-mortem. Teynampet police registered a case under section 174 of Criminal Procedure Code for unnatural death.

N.S.Vasan, designer-cum-media manager of the company said, “Due to the lockdown, Sivanesan stayed in the city and one day told us he heard of some medicine from U.S. President Donald Trump’s recent speech for curing Coronavirus. He said it would bring more immunity and help to prevent COVID-19. Deciding to test the effect of the medicine, he went to Parry’s Corner and bought the powder.” He added that Sivanesan must have taken a heavy dosage of the ‘drug’ and he was killed instantly.