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
Dear Ravi Shankar, where were u when hundreds of muslim women were butchered in Gujarat, why cant you give justice to Ahsaan Jafry wife, where is Najeeb and why are u closing eyes while Najeeb's mom is requesting for justice. You are a crocodile and Lomli. You have already fooled Naqwi + Shahnawaz and trying to fool others also. You will not get success in this. You are a hypocrite and opportunist. You may marry those women who are contacting you regarding the issue as they are not respecting Islam and may be ready to marry you.
First give justice to Mrs.Jaffery for burning her husband alive. Give justice to honorable MP E. Ahmed's family for disrespecting his death.
In islam women's are getting more respect,dignity and protection than any other religion. Study religion of islam in its right path then you will understand the beauty of Islam.
Mr. Shankar, let us discuss about this subject after UP election....not a nice time...you are speaking just to grab votes from muslim women....
Mr.Shanker say our PM to respect his wife first nd then say our party to respect women. I think you forget Mangalore pub issue. Everyone respect women. No one is perfect here.
Wonderful Masterjee, which part of the world you had been, bap ray bap Are you Law minister of Hindustan??? so first you learn Hindustan ruling Law, do not try to Implement Your RSS Goonda criminal Law in our beautiful Hindustan, at least you became Law minister to Implement the Law not to break and create problem around Hindustan, now understood that you are afraid to face Uttar Pradesh election, that's why all these bulsh*ts coming up.
Masterjee no chance papa Crimes are increasing loot pat increasing... nothing else to do... so coming to resolve Triple Talaq!!!!!
That's not your business.
Jai hoo Modianna.
Jai hoo Siddanna.
First secure your slipping seats and majority due to people's frustration.......then talk about Tripple talaq......one thing you listen you son of HITLER......when you follow HITLER's footstep it also reminds his END
because you are challenging GOD\s law.....not your man made Manu vad or man made stories...."
Dear Mr. Ravi shankar, this is just for Election Gimmick u cant able handle , jaag utenge indian Muslims ........... be careful
Wrong practice by Muslims has open the doors to Kafirs to interfere in our religious matters ....
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