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
IFF getting credit by the main person from Ullal struggled a lot behind this issue. nobody remember him. Finally the credit goes to IFF
Mashaallah great job done by iff
Masha allah great job done by. IFF.
ALHAMDULILLAH...
Tremended work done by INDIA FRATERNITY FORUM.
financially support from donors is highly appreciated.
may ALLAH accept all good deeds from all.
One of the noble act by India Fraternity Forum. And we must appreciate the NRI business personalities who responded positively to IFF call. Thank you CDi for the news..!!
From the bottom of my heart I really thank and pray with Almighty Allah to bless each of them whoever helped these fellow brothers to get release from the jail.
May Allah accept all our good deeds- Ameen.
Well done IFF and team! Following up a case for last 7 years is not an easy task. It is victory for team work, determination and patience.
Financial support from donors and victims family is highly appreciated.
May Allah accept the good deed from all.
Masha Allah. Great job
Masha Allah .great job
Al Hamdulillah after so many years of relentless efforts from IFF finally Allah has helped us in getting positive result. Hats off to IFF, we are with you.
Really great work May Allah accept our good deeds
Dear CD
Why did u edited the report. It seems that u dont want to highlight the efforts of Iff brothers in the report
My special thanks to India fraternity forum and business man for this great noble cause. Keep it up.
Great work by India Fraternity Forum (IFF), Jeddah, May Allah reward for your humanitarian Service. We have to appreciate IFF efforts because they are following this case since more than 7 years for this particular case. IFF team achieved this goal by the grace of Allah and well wishers as well as Indian Consulate service.
My special thanks to IFF and business man who supported for this great noble cause. Allah will bless you for this great job. Keep it up.
EIFF good work
http://www.daijiworld.com/news/news_disp.asp?n_id=377876
http://www.daijiworld.com/news/news_disp.asp?n_id=377876
Correct report ..
IFF good work , keep the good work
IFF doing a great work in GCC , ..
Alhamdulilha may Allah reward all the people who worked for it and even the donors who supported well specially Indian Faternity Forum.
Great Work by I.F.F
Great job done IFF jeddah Team..
Keep it up...
Great work by iff because struggling behind the case from 7 year is not so easy. This case finalized by iff without any political support . And one who donated for this will be appreciated and will get reward in sha Allah
Al hamdulillah
Tremended work done by IFF from last 7 years they are following case in filed work documentation every thing great...without IFF efforts it was not possible to release this case..they have done major case like Nelaydi Sulaiman 3 years back got released and Kakkepadau Tahaliah Case they fought with insurance company 5 years back.. finally insurance payed Orphans family SR 1.25 lakh. may almighty allah accept good deeds...special thanks to welwisher team
Good job IFF
Iff is doing great work throughout gulf countries. As I closely watched social work which doing by iff for Indian expatriates is really good and appreciable. In above case Aslo iff have done wonderful job and get great success to release them from jail. Congratulation to iff to get great success. Keep on serve Indian community. Good luck
Great work IFF....
Good work.
Alhamdulillah
Masha Allah Good job IFF
Keep it up IFF. Your effort is really appreciable.
Thanks IFF, Hats off for your efforts, several tried but you guys succeed. some times need extra power than money, hats off again.
Congrats.. Thanks to the authority
Should thank to the authority or the people who tried for the release made that possible
Allah's grace. Those who are believing in Allah, will not get suffered.
Al Hamdulillah
THANKS FOR IFF AND BUSINESS MAN
Congrats. Al Hamdulillah. May almighty reward all the donors including CD boss. the efforts of IFF is also appreciable.
Good news.
Add new comment