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
Welcome back Mohammed Mangalore.
Every person have their own choice of selecting the method of protest. I have selected writing on forums as I cannot do what you wanted, as I am aged enough. You being a hench man of Masood, may remember recently Poojary indirectly taunted Masood, for being MLC at his helm, failures for congress party recent Zilla and Taluk Panchayats. I bet you Masood cannot get 100 votes if he contest for next MLA election. And even MLC.
Finally I don't need teachings from you as you are immaterial to me.
Dear UTK saab, Kindly Kindly Kindly dont urge... or wait for POLICE to file SUO MOTO....
Kindly ORDER for the ACTION on him thru your government and appeal HEGDE's arrest notice to Loksabha speaker.. then we can believe you.
many urges from you people show up to DK public llike PRABHAKAR BHAT ARREST bu noting happened till the moment...
Ibrahim Hussain Udupi, It is just for you to request muslims to keep quiet as you being in Udupi are scared of the repurcation you will go through if you stand up against these people. Come on gather some guts and come out openly to condemn this speech. It is easy for you give lectures. Be a strong muslim or are you the one who knows only to back stab and talk nonsense about your own community people.
CONGRESS HAVE NO GUTS TO TAKE ACTION, SEE YOU ALL, ITS 100% SURE.. CONGRESS IS DEPENDENT 90% MUSLIMS VOTES, BUT THEY DONT WANT MUSLIMS DEVELOPMENT AND HAPPINESS, THEY ARE USING ONLY VOTE BANK.
as per great tradition of modi govt he should be soon rewarded with some ministry..ache Din.. here it is !
Mister M-ad P-erson, wouldnt have even tried reading his holy book Bhagwat Geetha,else he wouldnt have spoken false/ill about other religions. I dont want to mention anything more, its a waste of my time.
This is Kaat Bunta.
He is not representing all Hindus, nor this is the message of any Hindu.
The more they provocate, the more ISLAM grows.
The big protest and reaction started in US afer 9/11, what happened.
Happened is more Americans specially women embraced ISLAM.
The same will happen in India. Just Watch, you can not fool educated people.
BROTHER RAHUL,
HOW YOU WILL FEEL IF I SAY THERE WILL BE NO PEACE IN WORLD IF WE DID NOT ERADICATE THE RELIGION WHICH YOU BELONGS TO... DO YOU STILL SAY THERE IS NOTHING WRONG IN IT BECAUSE SOME PEOPLE FROM YOUR RELIGION INVOLVED IN MURDER RAPE AND TERROR ATTACKS
I guess he forgot he is talking about world's second largest religion! Might he needs some knowledge about Islam. Let him mock on the religion, his creator will give him a knock out too..
Why all the from same....... makes this type of comments?
BJP/RSS have some active pracharaks throughout India give hate speeches against Islam and Muslims. Even Narendra Modi himself RSS pracharak, made some comments on muslim regarding reservations during the Bihar Election rally. Yesterday in Agra, Mr. Kataria, BJP MP made similar provocations SPEECH in UP. This is a normal practice of RSS/BJP camp. When it comes protests, both slip away from their utterances and say that is their personal views and nothing to do with party and RSS.
Ananth Kumar is non performing MP of UKannada district, there is an unhappiness from the voters even BJP sympathizers and his utterances against Islam and Muslims nothing but a show. However, Muslims should not provoked from his statements and maintain peace and harmony. We will have to see the action from the State Government, specifically home minister Dr. Parameshwar and CM Sidda Ramayya.
YES MR.RAHUL,
U R RIGHT, SEE THE MALEGAO,OTHER BLASTS LIKE MECCA MASJID, ALL MUSLIMS ARE ARRESTED.. but.. I MEAN SADHVI SINGH, PUROHIT....SHAME ON YOU...
Good to see that minister is taking action against this ignorant...
defaming other relegious s totally wrong, he must be punished,
Let's wait & see what action will our Congress govt. takes, i'm sure it won't take..., unless we change our system by adding/ bringing AAP or SDPI to political track (bcoz people are tired of watching old two parties blame-games)
It is time for Congress Government to take action. If you want to keep your vote bank alive, then the Government must take action against this Naalayak, Hatred Communal MP.
just for publicity, media simply giving publicity to them, this kind of statement should be ignored.
its totally unfair to tell to wipe out islam from the world first he have to wipe out his mind and heart.
Now Modi will provide Z+ Security to this Poor Guy Who is Struggling for FAME.Like Subramanya Swami.
He has challenged his own CREATOR.After all he is a CREATURE.
Will suffer badly life after DEATH (In sha allah)
Only Complaint, nothing to do this congress government. Now Congress is power in state, but they are not intrested to take action.. only giving statement for his vote bank politics. They have no guts.
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