It’s Kalladka Bhat’s order: Churches, dargahs, madrasas must celebrate national festivals

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.

Mangaluru, Jan 29: Days after some youths allegedly threatened to 'behead' local MLA and former Karnataka minister U T Khader during a pro-CAA rally here, the Dakshina Kannada district unit of the Congress on Wednesday urged the police to register a case against the culprits.

A video of the incident that went viral on social media showed the youths raising slogans that they will "cut off his limbs and chop off his head if necessary" during the rally organised by the BJP in support of the Citizenship Amendment Act on Monday.

Addressing reporters here, District Congress Committee president Harish Kumar demanded that the police register a case on their own against the youths. He said if prompt action was not taken against the youths seen in the video, the Congress will launch an agitation before the office of the Commissioner of Police.

When asked by reporters about the video, Khader had on Tuesday brushed aside the threat, saying he had not taken it seriously. The MLA had also said he did not file a complaint with police as he had concern for the families of the youths.

Social media giant Twitter briefly blocked the Karnataka BJP's account after it posted several provocative tweets and taunted Muslim women.

Ironically, the BJP called its unhygienic tweets as "liberal views". "It is unfortunate that our handle was locked out by Twitter for speaking the truth about liberals," it said.

"A big thanks for your support and encouragement. Satymeva Jayate. Jai Hind," the political party said to its supporters.

However, it did not specify for how long Twitter blocked its account but tweeted again on Wednesday after Monday.

Last week Karnataka BJP drew flak on Twitter for taking a swipe at Muslim women who appear to be standing in a line to vote in Delhi's assembly polls. ""Kaagaz Nahi Dikayenge Hum" ! ! ! Keep the documents safe, you will need to show them again during NPR exercise (sic)," the party's Karnataka Twitter handle posted using the hashtag #DelhiPolls2020.

It tweeted on Monday, accusing Congress leaders Sonia Gandhi, Manmohan Singh, Sushil Kumar Shinde and Vijay Bahuguna for "cheating" Dalits.

Karnataka BJP spokesperson G. Madhusudhan said that he had no idea about the account being blocked and then unblocked by Twitter.

"What has happened? I don't know," said Madhusudhana.

Reacting to the drubbing BJP suffered in the Delhi Assembly polls, the party tweeted that there is no need to lose heart.

"Now is the time to go back to voters to win their hearts and minds. Let us plan for 2025 from today. We are with you," tweeted Karnataka BJP on Wednesday.

Though BJP congratulated Arvind Kejriwal-led Aam Aadmi Party (AAP) for winning the Delhi polls, the party highlighted that it managed to increase it vote share by six per cent compared to 2015.

Also Read: Karnataka BJP taunts Muslim women, asks them to keep document safe for NPR