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
practice madidre full madabeku ...sumne shoki ge haakondu barodalla ...let her go and teach in Islamic university or madrasa ...avra community nalli ondu school and college quality education kodalla ..so heegagi illi bandu ..build up bere ....as per Islam ...non Muslim men should not look at Muslim women ..this lady has not covered face and hands ..high time hijab tax must be put .
Well done....
Good decision since she has trust on Creator... she is not going to die if she left this job... she may get better one...
Divine rule says it is better for the women to wear Modestly.. The women who use their god given intellect will recognize this blessing and follow it.... May ALLaH have mercy on them and protect them ... & May ALLAH guide those who are ignorant of this blessings.
Some of them without verifying the issue are ignorantly opposing it... It is for their benefit & protect oneself when the whole world is going god less... and living worst then animals now a days.
ALLAH is most merciful and most compassionate.. People should read the QURAN which is the manual for whole of mankind and a blessing for the LIFE ... Those who are missing it are really in DARKNESS of their LIFE ...
People heedlessly living their life and without proper knowledge, they come to conclusion & attack those who follow the divine rule.
For ME God's law is the best and it will protect me from the evil eyes of todays world..
Thank u True indian. U opened my eyes.
Ur absolutely correct. I prefer my sister or mom to wear hijab and cover her body fully. Instead of wearing mini skirts.
@bopanna
That means u don't respect Sita mata. Can't u see hijab on all sita matas pictures and idols
SISTER a great salute to you as you follow islam and imaan . with the heart
Even muslims respect Sita mata. Because on her all the pictures and idols. We can see her head is covered with hijab.
I think all women should wear hijab. It protects from evil eyes.
Keep your religion at home .... dont show off to hindu students
if u see Sita mata's Photo. She wears Hijab in all her Pictures.
Will they remove Sita Matas Hijab on all her idols?
O People of INDIA ....remember one thing ...many civilization has brith and death according it dealing with GOD and his rules.....so never late just repent and be good to every one . or else Aad and thamud will be reminded on this earth .
forget INDIA ....even country like USSR were destroyed by GOD using small groupf of unarmed and unskilled fighters from backward country ....so becarefull do not cros the border of aggression ....
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