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
Its all about vote bank politics. In fact these pakhandi babas are rapists and believe in homosexuality Those who justify this dhongi baba are indeed knew or pretend to be blind on the fact that many non muslims producing illegal children from extra marital affairs.
Please don't call him such people as Maharaj,
Maharaj is a sacred word. He talks like a drunken man.
He does not deserve for it.
If daring why does he refer indirect. He cant say as Muslims.
The man himself did not marry and expecting his followers to make 40 children.
We have in India many Hindu friends like brothers and sisters.
These people create intolerance amongst peace lovers.
very unfortunate these coward senseless are elected as MPs.
It shows what is the mind-level of those who elected Him.
This is the strategy of BJP to field such a hate mongers to divide the country. They deserve stringent punishment for spoiling public harmony.
Why propaganda , if hindus fear , they are become minority , let these swamies to marry at least one girl and produce children as many as possible , if they capable.... as more official survey non muslims are have more than one wife than muslims..... let the govt to publish 2011 religious wise survey report...!
These swamis are drunkards....they say whatever they feel like...disgusting....must be eliminated from this earth....it will bring peace and tranquility to everyone....
Muslims have the the power and guts to do that in reality. Not like Sakshi Maharaj who afraid to get marry in his life.
What will be the end result if he is found guilty .... He should be kicked out/ Booted out from the Loksabaha...
Let him show a single person with 4 wives and 40 children.... No doubt he is expert in Ramayana and Mahabharatha stories ....
I appreciate EC action. EC should recommend removal of this hate monger and should not allow for further election. I wil appreciate if EC removes voting right of this hate monger. I agree with statement of this hate monger that money from cow slaughter is used for terrorist act. It is well known that beef exporters are bjp sympathizers and huge amount of money is given by these beef exporters to sangh parivar which is being used in terrorist acts. I think this hate monger is also getting a share.
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