Supreme Court grants bail to 17 Gujarat mass massacre CONVICTS, asks admin to find them work

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, June 28: In his apparent bid to win the hearts of the people of Tulu Nadu while leaving this coastal city, Dr P S Harsha, the outgoing Mangaluru city police commissioner, today took to social media and thanked the people. The language he chose for his prolonged Facebook post and one paragraph tweet was Tulu.

“Loveable people of Kudla! I have received the transfer order after serving as the Commissioner of Police of Mangaluru City for 11 months. (During this period) I worked with utmost honesty and pro-people approach with the complete cooperation of my department. I wholeheartedly thank all those who supported me,” tweeted Dr Harsha, who is now posted in Bengaluru as the Deputy Inspector General and Commissioner of Information and Public Relations.

In his Facebook post, Dr Harsha claimed that thanks to his initiative “My Beat My Pride”, the policing in the coastal city has strengthened. 

“My only intention was to put an end to rowdyism and illegal activities. I had given priority to curb the drug mafia. ‘My Beat My Pride’ became a successful initiative thanks to public support,” he said. 

The IPS officer went on to claim that with the with the co-operation of the senior officers, the police department managed to efficiently handle situations during anti-CAA and pro-CAA agitations in the city, detection of explosives at Mangaluru International Airport and also during the covid-19 pandemic. 

However, he did not mention about the death of two people in random police firing following a baton charge during anti-CAA protests in the city on December 19.

ಕುಡ್ಲದ ಮಾತ ಮೋಕೆದ ಬಂಧುಲೇ, 11 ತಿಂಗೊಳುರ್ದ್ ಕುಡ್ಲದ ಪೊಲೀಸ್ ಆಯುಕ್ತೆಯಾದ್ ಸೇವೆ ಮಂದಿನ ಎಂಕ್ ಇತ್ತೆ ವರ್ಗಾವಣೆ ಅವೋಂದುಂಡು.ಇಲಾಖೆದ ಸಂಪೂರ್ಣ ಸಹಕಾರದೊಟ್ಟಿಗೆ ಮಸ್ತ್ ಪ್ರಾಮಾಣಿಕ ಬೊಕ್ಕ ಜನಪರವಾದು ಎನ್ನ ಕರ್ತವ್ಯ ಮಲ್ತೊಂದು ಬೈದೆ.ಎಂಕ್ ಸಹಕಾರ ಬೆಂಬಲ ಕೊರ್ನ ಮಾತೆರೆಗ್ಲಾ ಉಡಲ್ ದಿಂಜಿನ‌ ಸೊಲ್ಮೆಲು. pic.twitter.com/y7rgQMoOwm

— Harsha IPS CP Mangaluru City (@compolmlr) June 28, 2020