Udupi Bishop inaugurates star-shaped St Francis Assisi Church in Kundapura

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.

Feb 26: The Tamil Nadu government on Tuesday claimed that it prevented Karnataka from discussing the contentious Mekedatu reservoir issue at the Cauvery Water Management Authority (CWMA) meeting held in New Delhi.

Besides the representatives of Tamil Nadu and Karnataka at the fifth meeting of CWMA, presided over by Central Water Commission Chairman R K Jain, officials of Kerala and Puducherry also participated.

CWMA member and TN PWD Secretary K Manivasan told reporters after the meeting that the state government prevented Karnataka from discussing the dam issue by pointing out the pending petitions in the Supreme Court against the project filed by the E Palaniswami government.

"We have told participants of the meeting that Mekedatu reservoir will be against the interests of Tamil Nadu and its farmers. Our consistent stand is that it should not be built at any cost. Finally the issue was not discussed in the meeting," Manivasan said.

The Mekedatu reservoir is proposed to be constructed by Karnataka across Cauvery river near Mekedatu, about 110 km from Bengaluru, in Kanakapura taluk.

It was first proposed along with Shivanasamudra hydro power project at Shimsa in 2003 with an intention to use the water for a hydro power station and supply drinking water to Bengaluru city. It was designed to store 67 tmc feet of water.

While Tamil Nadu is claiming that the construction of a balancing reservoir will disturb Cauvery water flow to the state affecting irrigation, Karnataka says the project is basically designed to take care of the drinking water needs of Bengaluru after releasing water to Tamil Nadu as per the quantum specified by the Cauvery water disputes tribunal.

Bengaluru, Feb 16: Three students from Kashmir studying at a private engineering college in Hubballi district of Karnataka were arrested on sedition charges for allegedly raising pro-Pakistan slogans and posting a video of it on a messaging platform, police said on Saturday.

Police said, according to preliminary information, the students are from Shopian in Kashmir and action has been taken on the basis of a complaint from the college management.

"We received information that three students hailing from Kashmir studying at the KLE Institute of Technology had raised slogans supporting Pakistan. They had made a video about it which has gone viral. Immediately our team headed by Inspector Gokul Road station went to the spot and arrested them," Hubli-Dharwad Police Commissioner R Dileep said.

Right wing activists, including those from Bajarang Dal who had gathered near the college, demanded stringent action against the three.

As the students were being taken to the police station with their faces covered, an activist tried to attack them, but police escorted them safely.

The FIR has been lodged under IPC sections relating to sedition and affecting communal harmony, the official said.

"We are investigating, and whatever comes out as per evidence, law and facts, we will take further action. We will look into their background, whether anyone has tried to mislead them," Mr Dileep said, adding that the arrest should not be seen as action against any particular community or region.

According to officials, the selfie video of the three has gone viral as they posted it on WhatsApp. In the video one of them can be purportedly seen initially uttering something with background music on, after which they chant ''Azadi'' one after the other. Then joining chorus to the music that is playing, they purportedly say "Pakistan Zindabad."

The music they played is said to be Pakistani military's media wing, the Inter-Services Public Relations (ISPR) song, which police said needs to be ascertained.

The video seems to have been recorded at the college hostel, where the students were put up. College principal Basavaraj Anami said the college has given complaint to the police and the students will be suspended.

The students were admitted under central quota and two are doing their first year civil engineering, while the other is a third year student in the same stream, he said.

According to him, the three had made the video and posted it on WhatsApp.

"It came to our notice in the morning, following which I called the students immediately to my office, and informed the police," the principal told reporters.

"In the video, they have purportedly shouted pro-Pakistan slogans allegedly in the backdrop of the Pulwama attack anniversary yesterday," he added.

Union minister Pralhad Joshi, who hails from the district, described the act unfortunate and demanded strict action against those involved.