Some Sangh Parivar activists indulging in illegal cattle trade: Former BJP MLA

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.

Mangaluru, Mar 23: The magisterial enquiry into the police firing during the anti-CAA protest on December 19 in Mangaluru, has been postponed following the lockdown of Dakshina Kannada district, Udupi DC G Jagadeesh announced on Monday.

The inquiry by Udupi DC G Jagadeesh was scheduled on Monday. Already, City Police Commissioner Dr P S Harsha and others have deposed before the magistrate. The Deputy Commissioner and the Assistant Commissioner were supposed to appear before the magistrate.

Following the December 19 violence and the death of  Nausheen and Jaleel due to alleged police firing, the state government had commissioned two probes-- one magisterial and the other, a CID inquiry.

 As per the government order, a report on the inquiry was to be submitted before March 23. On the request by the magistrate for more time since the documents and videos had to be examined, the government had asked him to submit the report by April 23.  
 

New Delhi, Mar 2: The bloodthirsty arsonists allegedly hired by pro-CAA politicians in the capital of India to target Muslims, did not spare even the house of a Muslim leader of BJP.

Akhtar Raza, the BJP’s minority cell vice-president for the Delhi Northeast district, is now not in a position to share his pain with anyone. 

Even the police hadn’t come to his rescue, when the mob raising “Jai Sri Ram” slogans burnt down his house at Bhagirathi Vihar Nalla Road in northeast Delhi last week. 

“They were chanting slogans. Around 7pm, they started throwing stones at us. I called for police help. But the police asked me to leave. We managed to flee before they burnt my house and destroyed everything,” Raza, who returned today to witness the destruction, told media persons. 

“Those who attacked us were not locals. They were outsiders. They managed to identify and burn down all the 19 houses belonging to Muslims in this lane,” Raza said.

Apart from all the belongings in the house of Raza, the arsonists also have burnt down six vehicles belonging to his family. 

Raza is sad that no one from BJP contacted him after the violence even though he has been serving the party and promoting its ideology for past five years. “No party leader contacted me. There was no phone call. There was no relief or special treatment or anything,” Raza said.

Interestingly, Raza is still indentifies himself as a BJP leader. “I belonged to BJP. I may continue in the party,” he said.

The locality remained tense on Sunday too. On Monday, several groups distributed relief materials among people who had queued up to collect them. In front of Raza’s house is a lane from which several bodies of innocent Muslims have been recovered.