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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.

Hubballi, Jan 15: Leaders of the Muslim community, Dalit organisations, Congress Party, and others are staging a hunger strike at Dr B R Ambedkar Circle in Hubballi, opposing the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

Raising slogans against Prime Minister Narendra Modi and Union Home Minister Amit Shah, they demanded the withdrawal of the CAA and not to implement NRC.

"India is witnessing such a dictatorship for the first time. The BJP government is trying to divide people into the lines of religion, through CAA and NRC. This move is a threat for peace and harmony in the country," said AICC member Shakir Sanadi, who led the protest.

Sayed Tajuddin Quadri, Moulana Niyaz Alam, Moulana Nayimuddin and others took part in the hunger strike.

Former minister A M Hindasgeri, former MP I G Sanadi, F H Jakkappanavar, Pitambrappa Bilar, and others also extended support to the protest.

Kochi, Jan 22: Rail passengers from Kerala are a happy lot as the state’s traditional food items such as appam and eggcurry, puttu and kadala curry have found their way back to the revised menu of the Railways in the wake of protests over reports that they were replaced by north indian delicacies.

The popular Kerala dishes were reinstated to the list following social media backlash over the Indian Railway Catering and Tourism Corporation’s reported decision to replace the favorite cuisine of Malayalis from its menu with north Indian dishes such as Kachori and Chole Bhature.

Ernakulam MP Hibi Eden, who had shot off a letter to Railway Minister Piyush Goyal raising the issue of alleged discrimination against Keralites, got an assurance from the IRCTC officials that popular items, including snacks such as unniyappam and sukhiyan will be served through its outlets in the state.

Eden said the IRCTC officials who visited him at his home on Wednesday morning have presented him with the list of delicacies to be served by its local vendors in Kerala. In his letter to the minister, the MP had stated that dishes which are very important to Malayalis for breakfast such as appam, egg curry, porotta, dosa, steam cake (puttu) were excluded along with snacks such as banana fry (pazham pori), kozhukkatta, unniyappam, neyyappam and sukhiyan.  He had also raised the issue of hike in price of food items.

According to him, price of meals has been increased from RS 35 to 70 and that ofsnacks such as vada from Rs 8 to 15.  While the price of vada has not been reduced, the fare of snack meal like parotta, chappathi, idiyappam, appam and puttu with kadala curry or egg curry will be served at Rs 50.  According to IRCTC, a passenger will have to shell out Rs 20 for unniyappam/sukhiyan/neyyappam, 2 numbers each.  Informing Goyal of the changes in menu, he said Malayalis are discriminated in trains and railway refreshment rooms by the food which is the right of every passenger.

He had sought urgent intervention of the Minister and speedy action in the matter.