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
It only shows that PROPHET MUHAMMED pbuh, the final messenger to the whole of MANKIND Spoke the TRUTH...
He said : In the end time LIES will be accepted as truth and TRUTH will be accepted as LIES. People are IGNORANT of the CREATOR that's why the EVILs find easy to trap the people With LIES and DECEPTION. ... Most of the people who doesnt use their intellect are falling to the LIES of the arrogant leaders.. and believing it as TRUTH... infact if we research what ZN says is all TRUTH and FACT from not only from Muslim scripture but also other religious scriptures.
But its a temporary enjoyment... for the falsehood... if not repented to God ... They will surely see that ALLAH's plan was the best. Muslims should be patience on their arrogance and fight lawfully.
But they plan, and Allah too plans. And Allah is the best of planners.
Who is the creator of this Univers and
the creator of you & me.
When people are busy in exchanging their old currencies, the Govt. is banning Dr.Zakir Naik's NGO and slowly taking over his Schools.
BJP needs place to hide their black money. So they are byforce taking over zakir's house to hide their money.
BJP needs place to hide their black money. So they are by force taking over zakir's house to hide their money.
shame on NIA who is acting on centre for their shameless ideology ...to curb a peace lover and a peace preacher ..... does it mean that every Muslim become TERRORIST instead of Peace lover like Dr.Zakir Naik ?
i think its time to become that soon . as INDIA will see bloodiest Civil War as RSS wishes to hold onto its 2025 Brahmin Rashtra agenda to come true (which is dream only) . but if ARMY is sasffronised only
Movement like Popular front, SPDI , komu souharda vedike .DYFI,SFI,CFI, Dalit Panthers, Naxal . pragathipara vedike will always there to defend the Nation from such foolish rulers ....
Jai Hind
Asaram Bapu and Zakir Naik both are same
Do you know how????
Their followers are telling that they are innocent and blaming government ...Ha ha ha
Dr. Zakir Naik is a student of Comparative religions. He preaches oneness of God, peace and harmony quoting verses from Quran, Bible and Vedas. Anti Islamic elements cannot equate him logically, and they cannot tolerate his popularity.
Targeting innocent Muslims or peaceful Muslim organizations is not at all a good step. Fascists with their biased policies will only harm the peace in the nation.
India being a plural society, Ruling parties or any other parties why dont you support the UNITY IN DIVERSITY towards the benefit of our beloved nation.
Good move by government...
I think this may be the one of reason for Demonetization of 500 and 1000 rupees, Saffron Government attacking A muslim daayi and his organization under the darkness of 500 and 1000 currency, Actually Muslim does not benefit much from Dr. Zakir as he is not a fiqh scholar, our non muslim brothers missed the opportunity to understand the truth through him, But nothing to worry, If Allah wish to guide one, No one can misguide him,
you can ban legend and great leader like DR.ZAKIR NAIK but you cannot stop or prevent spreading ISLAM all over the world. if you hold one DR.ZAKIR NAIK thousands of other DR. ZAKIR NAIK will come up with more powerful SPEECHES and awareness.
so stop doing unwanted activities and actions..
Dr Zakir should have come to India, since he is away from India authority has more chances of squeezing his organisations. if he is guilty court will punish him. it should not be the situation where he gave stick and ate beatings. Only Allah knows the truth and Allah will guide the best..
I DONT think he can do unwanted activities,
any way
Truth will prevail and evil will perish soon
Political Power is the Master key to open the doors of Justice. hope the Indian Muslim Community Stand together under one political Platform . then only can defeat the Fascist ideology. in india muslim's issue is not just the religious one, its full of Politics which Muslims never realized. let the community stand on their own. now the question is where are those champions of Secularism ..???
This is the lab test of communal anti India rss group. Now by false case they will start to ban other Islamic organization. They are planners are full training under Jews group.
Whole IndIan citizens aware of their intention devide and rule for the sake of so called upper case.
But God will by the supper of peace loving Indins it will not happen.
Now the young cm padnavi of rss more active with anti India policy.Hope hard woring Mumbaikar will stand with peacefull life.
Jai Hind!h3
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