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
ALWYN,,,,THERE R SOME WHO WANT TO EXPLORE,,EVEN PARENTS ARE FINE ABOUT THIS BUT SOCIETY IS NOT ,SOMETIMES IT IS OTHERWISE,,,,ONE SHUD NOT INTERFERE TO THE CERTAIN EXTENT,,IN SOCIETY ONE SHUD KNOW HOW TO ACT AND TALK,,,,,ONE SHUD NOT HURT OTHERS,,,,LOVE JIHAD IS SERIOUS,,,THERE ARE INDIVIDUALS WHO DO IT FOR FUN,,,AND SOME FOR DEMEANING THE GIRLS REPUTATION AND SOMETIMES EVEN THE COMMUNITY,,,,,,,SOME SOCIETIES ARE VERY REGRESSIVE LIKE MUSLIM COUNTRIES,,,,,,OURS IS OK,,,ONE SHUD NOT FEEL EVERYTIME IT IS THE CASE,,,,,WHEN A COUPLE ACTUALLY LOVES EACH OTHER THEY SHUD BE ALLOWED,,,,THATS THE WHOLE POINT.......
Doorway to Haven AK47 please help us, many of our girls are victim of Love jihad, this is other example. we are help less
NO DC OR BC CAN STOP THIS,,,,,,ITS HAPPENING EVERYWHERE IN THE WORLD,,,,THIS TIME THE MALE WAS SAVED BECAUSE GIRL IS CHRISTIAN,,,UNTIL NEXT TIME,,,WEN GIRL IS HINDU,,,HE WILL GET IT FOR SURE,,,,,THEN WE WILL C WHAT DC DOES,,,,,NONESENSE PEOPLE TALKING COURAGE ON WEB FORUMS,,,ITS SO MANLY
Koti-an & other chaddis, BURNOL BODA
CHADDIGALIGE BURNOOL BAGHYA....
Shame !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! on dirty mind people...........
its not coming from their back ..its coming from Hindutwa Activists mouth
These shameless goondas have no job but to create disturbance in society. Police should book them for wasting time and trying to create communal disturbance. Arrest the leaders of these goonda parties.
One who act against country's CONSTITUTION and tamperning the rules and contents of CONSTITUTION and playing against law and attacking on any particular community or conducting group clash; igniting communal clash is a terrorist and Government and Supreme Court must announce to whole nation and implement.
Then no one dare to show off with DHARMA;SENA; BHAKT BRIGADE etc.
respected deputy commission,
dear sir,
it has been a practice in dakshina kannada that , the sangha pariwar goons always accompany policemen for any raid , which was complained by them.
why you need sangha pariwar goons along with your police men? your police men are not enough to handle the situation? or the police men are also involved in sangha pariwar activities?
this is specially when they raid \minority houses, church, mosque and commercial places only. entire muslims in dakshina kannada knows this routine. thus the minorities are losing faith in police.
kindly requesting your good selves to stop this practice to show that your team is capable to handle any situation, and your team is not supported by the sangha pariwar goons."
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