ACB filed FIR without proper sanction: Yeddyurappa

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.

Bengaluru, Mar 18: In the backdrop of the breakdown of the COVID-19 virus across the state, the ongoing Budget session of the Karnataka Assembly, which is scheduled to end of this month, is likely to be cut short by one week.

According to official sources, the state government, which had shut down all the congregating places including Malls, Theatres, Marriage Halls and banned all the public functions, is in favor of the cutting short the ongoing Assembly session, to give focus on keeping a tab on the COVID-19 disease.

Newsroom, May 26: A migrant worker died of hunger while a 10-month-old boy suffering from fever and breathing difficulties died negligence in two separate incidents onboard Shramik Special trains in Uttar Pradesh.

The 46-year-old dead migrant worker’s nephew, who was accompanying him, said that the victim had not eaten anything in the last 60 hours.

Raveesh Yadav said that no food or water was provided on the train, which they had boarded from Mumbai to travel to their native place in Jaunpur district in Uttar Pradesh.

Yadav and his uncle were working as construction workers in Mumbai.

Yadav told the paper that the train had left the Lokmanya Terminal in Mumbai, at 7pm on May 20 and arrived at its final stop, Varanasi Cantonment station, at 7.30am on May 23.

“But my uncle, who was complaining of hunger and pain all over his body, fainted half an hour before we reached Varanasi Cantonment and died within a few minutes,” Raveesh was quoted as saying.

He added that he and his uncle were hungry when they boarded the train but could not find food or water to buy.

Railways’ apathy

Meanwhile, the family of 10 month old child, who died in the train, alleged that the railways did not arrange for a doctor despite their repeated pleas.

The railway doctors had been moved to Covid-19 hospitals and by the time a doctor was provided at Tundla railway station, it was too late, the report quoted the child's grandfather, Dev Lal, as saying.

Lal said that the family members had tried to speak to the GRP at many stations, including at Aligarh, where the train had halted. "But they showed no interest and said any help would be available only in Tundla,” Lal said.

Railways officials then took the kin to a quarantine centre in Tundla, as they suspected that the baby had died because of the novel coronavirus.  It was only on Monday that the incident came to light when another individual at the quarantine facility intimated journalists after the condition of the child's mother worsened.

Last November, the mother of the child, Priyanka Devi of Bihar's Notan village in West Champaran, had gone to visit her parents who reside in Noida with the baby, who was then just four months old. Her husband Pramod Kumar is a farmer, the report added.