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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.

Mangaluru, Jan 28: Amidst nationwide agitation by ‘We, the People of India’ against contentious CAA, NRC, the women of Manglauru have decided to hold satyagrah and form a human chain in front of the office of the Deputy Commissioner in the heart of the city on January 30.

This was announced in a press conference today by activists Sajida Momin, Vidya Dinker, Terry Pais, Maria Ferandes and Suhasini Babbukatte.

The event will mark the 73rd anniversary of the martyrdom of the original Satyagrahi Mahatma Gandhi, who was assassinated by saffronite terrorist Nathuram Godse.

Ms Momin told media persons that the Satyagrah will commence at 10 a.m. to safeguard the constitution. At 4:30 p.m. a human chain will be formed.

“At 5.17p.m. when the father of the nation was gunned down 72 years ago during his evening prayer at Birla House by Godse, we will convey Gandhi’s message of unity against violence,” she said.

Bengaluru, Jan 19: The long-awaited discussions on cabinet expansion finally took place between BJP national president Amit Shah and the state party unit on Saturday, but they produced no result.

Latest indications are that new members will be appointed only after CM BS Yediyurappa returns from Davos, Switzerland, on January 25.

The party held a close-door party meeting at a top hotel in Hubballi. The subject of expanding the cabinet, which currently has 16 vacancies, featured in the talks.

Earlier, Yediyurappa reportedly had a one-on-one with Shah during their 45-minute flight from Bengaluru to Hubballi. He is said to have insisted on accommodating all 11 newly MLAs in the cabinet. These legislators were earlier a part of Congress and JD(S); they contested the December byelections on BJP tickets and won.

This apart, BJP sources said, Yediyurappa and Shah had a brief chat at a private event at Palace Grounds . Separately, Shah, who is the Union home minister, held meetings with Jagadish Shettar, Laxman Savadi and Prahlad Joshi, seeking their views on cabinet expansion.

Shah also wanted to get an idea of what people think about the Yediyurappa government’s performance.

Newly elected MLAs Ramesh Jarkiholi, BC Patil and Srimanth Patil greeted Shah. “We only met him to wish him; we didn’t discuss the cabinet issue. That’s something state BJP members will do,” said Hirekerur legislator BC Patil.

Saturday’s deliberations fail to break the stalemate over the cabinet appointments. There are clear differences in the camp about whether all Congress-JD(S) defectors should be made cabinet members, according to a senior minister attended one such meeting.

Shah reportedly wants only seven to eight newly elected MLAs to be made ministers; the rest of the spots should go to BJP loyalists. Yediyurappa disagrees with this position as he had promised all 13 turncoats places in the cabinet. Two lost in the bypolls.

Shah has now asked Yediyurappa to visit Delhi after returning from Davos to finalise the composition of the cabinet, according to the sources.

Yediyurappa will leave for Davos early on Sunday, while Shah will fly directly to Delhi from Hubballi.