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.
However, the city police had been keeping an eye on him for past several months, according to Police Commissioner N.S. Megharik.
Comments
Naren is born in India his father is jews who was visited once upon a time Padubidri. He met a lady there and they had a sex. After nine month she deliver a baby devil his name Naren Kotian. After his birth she traveled with jews to Thailand there she met one muslim guy from pakistan and they loved each other. They droped naren in Thailand untill now he is begging in Thailands streets. And also he is hating Muslims.
If he is a BANGHA PARIVAR person like Toghadia, Bhat then it is fake news and no problem.
Police is maintaining double standard by not arresting bhat, muthalik, sharan kind of people...they still loitering giving hate speeches around...these crooks are the real terrorists....
this moulana could have said something...but he could not succeed in his mission....but others (bajrangy leaders) did succeed.....
Look at him ,traitor .. ... shoot to kill is the only solution for back stabbing the nation which gave him shelter and food ... mostly many are not reading what is written , simply chummah sorry ummah gang member antha kirchadtha idave ... report clearly says he was abusing other religions and he was mentioning other countries ( USA and our beloved israel ) , so this comes under act of terrorism ... . we must adopt a policy of deporting these types of rogue elements along with families to kaaliplate ( hahaha caliphate ruled by his elder brother rapist baghdadi ) by giving one way ticket ... well done police .. keep it up... hahahaha
#7 Sathish Kulal , Mangalore
You are right ..............Indresh who gave ISI our secrets ....Muthalik who hoisted PAK flag in Sindhagi .......... Prajna singh who blasted and killed ................Aseemanand who conspired against an INDIAN..............Vajapeyi who ate beef outside INDIA...........Yashpal suvarna who betrayed fishermen and expelled.........Maya kodnani who killed indian citizenz.....babu bajarangi who killed a preganant Indian women after raping .................
is it enough
This is the technique of Politicians they want to divert public concentration one to other thing they keep him at jail for some time after some year they wont able to find sufficient evidence then release him this is what happening we muslims have lots of similar cases.
Wht the hell .....keep a watch n arrest who are innocent but let free those openly bark haterate. ...this is our government and this is called tolerance
if no evidence why arrested him ? sick police
i heard his speech. hatred about hindu community.
i request to delhi police please release him immediately.
why this police are targeting only muslims, totally injustice to our community in this country,
desh drohi must be put inside the jail.
they are just investigating the matter. its their rights to investigate each and everyone with whom they get doubt.
Indian People Please understand the situation, dont support this kind of people they only speech to divert the mind into communal violence.
this police are only targeting innocent people all the time, i request the government to release him in the respective manner.
hang him to death, desh drohi
Delhi police is known for its atrocities against innocents. Even chief minister Arvind Kerjriwal is not safe from Delhi police, which follows the order of Modi govt.
Only in CD this kind of rubbish news reports we can find. All other news portals have come up with clear details and evidences against this cleric. but CD reporters playing games endangering national security.
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