Will terminate pact if 108 failed to ensure better service: UT Khader

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.

New Delhi, Jun 8: Two civil defence employees have been arrested by the Rajasthan Police today in Jaipur based on Military Intelligence (MI) inputs that they had been passing on sensitive information to Pakistan's spy agency ISI.

The arrested are: Vikas Kumar (29), a civil defence employee at an army ammunition depot near Shri Ganganagar (Rajasthan) and Chiman Lal (22), a civil contractual employee of the army's Mahajan Field Firing Range (MFFR), Bikaner. 

Both were working as espionage agents on behalf of Pakistan's intelligence agency and were giving out details of Ammunition and MFFR, vital military installations in India's Western front. 

The MI Lucknow's operation named Desert Chase assumes great importance as the Shri Ganganagar Ammunition Depot and Bikaner MMFR are strategically important military installations on the western front along the Pakistan border.

The work on the "operation" began in August 2019, when the MI Lucknow, through its sleuths, learnt about an espionage agent near Sri Ganganagar who was passing military information to his handlers in Pakistan. The individual was identified as Vikas Kumar - the civil defence employee at an army ammunition depot near Sri Ganganagar.

The MI Lucknow shared the case with UP ATS in the month of January 2020. Vikas's activities were monitored and analysed by a joint team of MI Lucknow and UP ATS. The operation was code-named 'Desert Chase'.

Based on these, it was learnt that Vikas is acquiring photos of a "water distribution register" at a water point/pump house in MFFR through a contractual civil employee named Chiman Lal. The development of the case was halted due to the start of the lockdown period all across the country.

Finally, the case shared with Rajasthan Police Intelligence in the first week of May 2020. A joint team was formed between Rajasthan Police-Intelligence and MI Lucknow.

Fresh leads were found as new payments were detected along with a trail of sensitive information being passed on to Pakistan by two accused.  

Vikas Kumar confessed to having passed the following information to Pakistan:

•    Details received from Chiman Lal about Army units and their strength coming to MFFR.
•    Details of ammunition coming to his ammunition depot including their type, quantity, mode of transportation, date of arrival on a routine basis (almost every time it came to his notice).
•    Details of ammunition (to include their type, quantity and mode/date of transportation) further distributed/transferred to local army establishments/units (including two local brigades) and elsewhere from his ammunition depot.
•    ORBAT (Order of battle; composition related details) of two local army brigades and all changes in them as they came to his notice.
•    Name, rank and personality traits of some Senior Military Officers in the two army brigades nearby, his ammunition depot and others who visited the military station.
•    Photos of arms, ammunition, tanks other military vehicles (with their tactical numbers) at MFFR whenever he could visit it after April 2019.

Vikas also confessed to having received at least Rs 75,000 in total from his Pakistani handler for the information he has shared during this entire period. He used to receive them mostly on bank accounts of his and his brother, Hemant Kumar. The latter was found to have no links to the espionage case otherwise. Out of this sum, he had paid approximately Rs 9,000 in total to Chiman Lal for his assistance in lots of Rs 1000- Rs 2000 since their first meet.

Bengaluru, Apr 12: Former chief minister H D Kumaraswamy on Sunday appealed to the Central government to announce the rent rebate scheme for the benefit of tenants in the wake of economic activities coming to a grinding halt due to COVID-19 related lockdown.

In a series of tweets, Kumaraswamy said people are facing difficulty in paying rent as usual and hence the rent rebate scheme should be initiated.

"Many countries have already announced rent rebate scheme for tenants during COVID19 emergency. It is surprising that Indian Govt has not announced any such relief even to residential tenants. I urge the PM to immediately come to the rescue of everyone living in rented housing," Kumaraswamy tweeted.

He said a considerable workforce and students in metropolitan cities live in hostels and rented houses.

As all economic activity has come to a grinding halt, it is very difficult for them to pay the rent as usual.

The Prime Minister must announce rent rebate scheme, he added.

Highlighting the plight of the tenants, Kumaraswamy said, "If the landlords insist on rent, the tenants cannot even go searching for new accommodation due to the emergency. Hence the government intervention is essential. The PM must announce a comprehensive national rent rebate scheme for COVID-19 emergency."