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.
After paying negotiated fine amount to Saudi Telecom Company, judge Saad Al Garni who is chairing the probe into the case had recently ordered the release of three prisoners.
Comments
great work IFF MAY ALLAH BLESS UR WORK
Good work done by Indian Feternity Forum and all the Donors. May Allah accept their good deeds.
IFF has been doing social works from many years for NRIs in KSA on humanity base.
great relief for family. Good work by IFF.
Good work by IFF team .
Congratulations to the persons released, the families, Mangaloreans, Kannadigas, all Indians in India and abroad. Good efforts and good work by IFF. Hatts off to their team and all those who have supported in this case. Its easy to comment. Not an easy task when we are out of our homeland. The cases runto generations.
Dear Brother Bunaz, Appreciate your comment and I know its very easy to sit inside the AC room and comment about the scenario at the end.
You defintely lack knowledge in this matter.
Their actual prison period was 8 years, but they were unable to come out as they were charged with huge fine of SAR 6.7 millions. IFF coordinated very well with Consulate and other officials and Lawyer was appointed by IFF as well. Finally they were successful in reducing the fine amount.
Thats when generous good hearted Mangalorean Business men joined their hands to support IFF to pay the needy amount.
If need be please contact nearest IFF office if you need further information on this.
Masha Allah great work by iff , without iff effort and doners it couldn't happend. I closely watch this issue , and iff also donated some part of amount in this case and effort also done by iff. So some political party taking this opportunity by wrong way. When they had power they couldn't do any single help for this guys. But now they need name in this. Any how people will know about iff . They don't need any name , Masha Allah by there work and effort people recognized iff by lot of cases handled by iff. We know recently they had work for jubail incident, helped there family members to took body to india. Masha Allah great work by iff , keep it up . May Allah bless u both iff and doners . Ameen ya rub
Masha Allah good work by IFF. keep going.
And Bunaz..if you think making follo up with authority to get them released then you should have tried.
Don't get jealous ..try to appreciate people's work or keep quite.
In many years Iff and other organizations tried to solve but unfortunately they couldn't do that .
I don't agree without donor it could be .
Then why IFF couldn't do in the early years
They got enough punishment 13 years in jail . Easily IFF got credit
May Allah bless the donors
Alhamdulillah....good job done by iff and some indian businessmen in jubail.
Alhamdulilla
A big salute to kind heart generous Mangalorean business fraternity. without their help it was impossible to get release.
Great job INDIAN FRATERNITY FORUM (IFF)... It was really a long struggle .... Alhamdulillah at the end of the day u have done really a great job ...... May Almighty Allah reward you...
Alhamdlilah...
Masha Allah ..great work IFF had taken up issue and hard work with support of Indian businessmen, dua of all
May Allah give good health those who work behind this issue, keep doing hard work towards to humanity.
Masha allha great work by india fraternity forum .
with the help of great business donor's ,
may allha bless both of them.
Well done IFF
Great work IFF Masha Allah, May Allah Accept the good deed.
Masha Allah Great Work 'Indian Fraternity forum (IFF) Allah Accept all u r good deeds..
The highest credit should go to Mangalorean Businessmen who paid a huge amount of money to STC. Without their contribution it would have never been a release for them. IFF coordination is also appreciable.
The youngsters should learn the lesson from this episode that to earn money they should not go for a haram way to become a quick rich. There are still lots of people who are doing wrong way to earn money in the gulf. It is a warning call for all of them.
Masha Allah....Great work Indian Fraternity Forum (IFF)
Masha Allah great job done by India Fraternity Forum, kudos to all the donars who joined hands. May allah accept all these things from you. Expatriates in the kingdom are still facing many issues, request with IFF and all selfless donars to join togather and work for the needy.
This is great Achievement of India Fraternity forum. Keep It up.
Masha Allah
Great Work done by IFF.
Masha ALLAH ...great job done by India fraternity forum with the support of kind hearted business people's, this shows if we unite to serve the community with all kind of support, nothing is impossible. ALLAH may accept this good deed and give it's hajar to one all, those who directly or indirectly supported this ...IFF hats off ... continue your service to the community...!!
Great work from INDIA FRATERNITY FORUM (IFF).... MASHALLAH
Well done IFF, it was not an easy case to handle yet Iff has achieved it and released them and made their families happy , truly the rewards for this will be given by ALLAH immensely .
May Allah accept the noble work and keep doing this kind of social work to humanity
Great Work IFF and Team! Keep it up!!
Great Work IFF Masha Allah!! May Allah Accept the good deed!!!
Congratulations IFF May Allha accept all ur good deeds....
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