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
How do u all know them ?
Haleema you sold heaven and you purchased hell...
Islam teaches us 'A slave Muslim men is better for a Muslim girl than a rich kaafir . Same way a slave Muslim women is better for a Muslim men than a rich kaafira women'
There is no compulsion in religion of islam. We are free to follow any system but final decision with Allah, He will decide who followed his way or who are the loser. May Allah guide us to right path. Ameen
SEE HER FACE, CAN UNDERSTAND THE SITUATION,VIREN YOU ARE RIGHT BUT A SENTENCE IS WRONG SHE WENT FROM BRIGHTNESS TO DARKNESS.
I agree with Fathima's view. It was unfortunate that the girl in the name of love forgot the beauty of Islam.
There are many instances in Mangalore where Muslim girl married a Hindu boy and after a year boy converted to Islam. No wonder if this culminates the same way. Moreover u will find hundreds of famous personalities embracing Islam such as Tony Blair's sister Lauren booth, BBC journalist Yvonne Ridley and so on but u will not find vise versa. Keep hope and prayers and ignore barking kotians.
Let us pray for kotiyan brightness family !!....May Allah protect your family & children in future .... There is chance to convert !
Every Say Ameeen!
Kotiyan Nikk P---Tiye Yaa\\"\"\"\"\"n"
mr kotian do u know how many hindu married muslims converted to islam and workind in uae you study well about islam and later on u will also change
mr kotian do you know how many hindu men who married to muslim converted to islam and working here in dubai, first study about islam and later on u wil change your mind
mr kotian do you know how many hindu men married muslim converted to muslim again and working here in dubai study first about islam then you will also come to islam There is no caste system in islam like brahman harijan etc
No need to judge anybody. Only Allah knows whats the future and how their end will be. It may be good and wonderful than we expect. Better than our life may be, nobody knows. So keep hope . If possible pray for them and dont judge.
Viren @ its opposite its to dark from brightness and secondly its her parent to blame , they didnt teach her what is islam .
Viren chadi by name only we cant judge chadi,its should come through Heart.
Just wait for 3 to 4 month, he will leave her .
i like it ... i like it ... Jai sri ram ... as Viren bhai said ,.. inshallah it will happen soon .. too much of compression and male domination in islam... they treat women as property not as human being ... i heard that shivraj rejected haleema's fathers offer of crore rupees inexchange of his daughtor ... it means guy has not married this gal for money sake .. true love ... they must be protected as they might get attacked from Islamic thugs from coastal ...hahaha... this is just the begining ... there are lakhs of muslim women who want to escape from this sikka patte piece ful religion ...
We as an Indian should be united but look what always we see partitioned. no wonder how easily British invaded India.
I know some of them are happy seeing this news. And i admit it is because of your ignorance you are happy. Almighty has his own concept of human life n death. There are 4 categorised people.
1. Ones who r born muslim and dies as a muslim
2. Ones who r born muslim and dies as a non muslim.
3.Ones born as anon muslim and dies as a non muslim.
4.Ones born as a non muslim and dies as a muslim.
Last category people are the most successful people in this world and hereafter no doubt about it. 2nd category people are the ones destroying their own destiny and lands in great trouble hereafter. No one neither their life-partner nor their parents can save them from torments of hell fire.
May Allah make our death beautiful and grant us to die as a muslim.
May Allah guide her n all of us.
@ viren kotian
quran, islam never force anyone to covert to islam.. in quran Allah says tell the truth to them until they understand the truth
even after that they don't want to accept the islam its up to them.. its our responsibi
Thank you CD for this wonderful news.
And Yes, Viren we all are there with this brave woman. no terrorist can touch her.
Insha Allah more muslim girls will throw away their burkas and accept hinduism in future..
Mr viren ur wrong,,,,, from the brightness to darkness,,,,
Welcome to the light from the darkness Ms haleema. We are with you! hahahah Lol Lol Lol..
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