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
Is Modi Govt taking care of indians or UK. Is he PM for UK or India. He has already sold India in the hands of foreign investers and now selling indian assets also which was inherited from old kings. May be Modi will sell Taj Mahal, Qutub Minar, Vidhana soudha, Srirangapatna Mandir, Kollur Mandir to foreigners and make money for bjp and its supporters. shame on you bjp Govt. It will be better to kick out this Govt very soon otherwise we Indians will be completely sold out to foreigners. Beware of this looter's Govt.
Cheddi fans are BLINDLY supporting him. Start opening your EYES ... Looters have no issue and those helper who in the first place helped the british to loot the KOHInoor has no issue... Its not new.
Modi Govt. is a very big fake and rubbish Govt. any promise they fulfilled till now..?, hope their term will complete very soon after that only Acche Din will come..
After all RSS is the agent of British raj. How can they go against their
will ? THE REAL NAME OF RSS IS ROYAL SECRET SERVICE, which was giving then British rulers information about indian freedom fighters.
They are their sole agent then and even now.!
BLACK MONEY BHI NAHI KHOHINOOR BHI NAHI
Waah thief waah!!!
Next he will tell British never invaded India.
We invited them to learn to wear bikini.
RSS is the enemy of India.
It did not surprise me... We know cheddis partner during freedom struggle...
I think Kohinoor diamond belongs to Mugals (Shahajan). how Ranjith Sing is gifting British
Yes, its nice to see it with queen rather than kept here in India...someone will take it if it is kept here....can't trust....
Same like \National Herald is gifted to Sonia Gandhi and not looted by her\" as claimed by Congress party."
If a slave gives a \gift\" to his master, there is always room for reinterpreting the idea behind the \"gift\". But if the new masters are not different from the old, how can this happen? This is the tragedy of India - and this is why we ought to see that the Cong, BJP, CPI etc are actually a continuation of the British colonial legacy. You can defeat them in some cricket matches, but when it comes to substantive issues, you concede the match even before it begins. This is the colonialism of the mind."
Look like air leaking from 56inch chest.
Soon it will be 26 inch.
This decision of govt also justify
British rule over India.
Shame on BJP.
bjp and rss revere godse, the criminal who brutally killed Gandhiji. bjp/rss are agents of british
We want Kohinoor back, who is government to tell them to keep it and they then call themselves as nationaliats. These are real anti-nationals and agents of British.
@Tolerant Indian: Disappointing. The Brits don't deserve our Kohinoor. But if was a gift, then we shouldn't be expecting it back. Blame our Maharaja of Punjab. Height of MASKA GIRI.
Tolerant Indian: spineless modi. Kohinoor belongs to India. it is India's shaan. lalit modi now vijay mallaya took our money to UK. farmers and poor are committing suicide and government gifting riches to other countries.
@Tolerant Indian: Indians have the generosity to make the world rich, by gifting and stashing money in foreign countries!
We have had gifted everything to British during British rule! And now our Rich Indians started gifting by moving out of the country to get settled in UK? There is no surprise, everything is fine in Love to English!
Bring Kohinoor Back Kohinoor was our heritage, it should be brought back.
Kohinoor wasn't a gift. But a war prize that was pushed down our throats by sly East India Co. Better revise stand.
Everyone knows that RSS is always acted as British agent.
Kohinoor was not stolen from India. It was merely abducted. Shine On You Crazy Diamond.
Someone just told me 'we have enough gems in the govt, who needs Kohinoor.'
Okay Britain, let's do a deal. You give us back on thing we gave you - Kohinoor. We'll give you back one thing you gave us - Section 377.
modi govt run by buffoons: Kohinoor gifted by Ranjit Singh to brits? he died in 1839, brits snatched diamond in 1849!
After all, the difference between \gifted\" and \"lifted\" is just one letter."
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