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
I am follower of Taslima. I am 100% agree with your writing. God bless her.
It is not an insult to say that Jesus's mother was not a virgin when she gave birth to him. My mother was not a virgin when she gave birth to me. She was a respectable married woman. That is likely to have been the case with Mary too - that she was married to her husband Joseph, had sex with him and in due course produced a baby. It is the general way of things. Women who give birth to babies are not virgins. They have had sex with someone, who is the father of their child. Only two of the four gospels say anything about Mary becoming pregnant without having sex, and they tell very different stories from each other. These detailed stories are, I believe, invented to fit in with somes verses in the book of Isaiah, which were assumed in Jesus's day to be a prophecy of the Messiah, though they were in reality no such thing and referred to a young woman (not a virgin) giving birth to a baby in Isaiah's own time.
You commentators who want to prevent Taslima from voicing her opinions publicly should be ashamed of yourselves. You are full of hate and fear. How does it hurt you that a woman says that she does not agree with what you believe? Do you think that the creator and sustainer of the universe in whom you believe is so weak and defenceless that he needs people like you to protect him from someone saying that some story told about him is not true? You are not defending Jesus's mother from insult. You are not defending God from insult. You are simply trying to defend the beliefs that you have been brought up with from being questioned. Why shouldn't they be questioned? Why should they be accepted unquestioningly? Perhaps they are incorrect. If they are incorrect, don't you want to know it?
you are amazing...keep it up...a breath of fresh air in all this pollution
Why somebody asking which religion she belongs. Is it compulsory to believe any religion?
There was no adam as described in religion book. Man has been evolved by evolution.
Keep up the good work Ms. Nasreen, I respect and admire you a great deal.
Keep up the good work, Ms. Nasreen, I respect and admire you a great deal.
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