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.
Bengaluru, Apr 12: The politically weak Muslim community is in fact the second largest group in Karnataka after Dalits, according to a leaked data of a recent caste survey, which finally busted myth of Lingayat and Vokkaliga clout in the state.
Comments
@Thinker, Of course we(Muslims) are 'minority', but far enough to face 'majority' in the election. As the majority are split according into many caste.
Time is no far to unite the Muslims in 1 platform to gain the ultimate political power and i
MA SHA ALLAH Proud to be a MUSLIM! Many more people are there to revert In Sha Allah.. Its Allah who is helping us..
If you notice the statistics, all these communities belong to Hinduism and further these communities are treated as separate or individuals. The culture including worships are also different.
Where as Muslims have though different languages, they are considered as single community because of single method of worship where singular God is their one and only God.
Surprisingly because of this fact, their share is increasing due to attraction to people of other communities. There is no worry in the end, because gradually everyone will know the truth and everyone will belong to the same (that) community, so no difference and no communal hatred at the end.
\ It is HE who has sent the Messenger with Guidance and the religion of Truth, to manifest it Over ALL RELIGIONS, how much ever the unbeliever might not like it ....\" (Qur'an - Ch 9:33)"
Thinker Hell.....
Come out of hell..So called bramins are less in number but ruling all hindus in the name of God. And what else you want???
Beware dear..chaddeezz....
However the MEDIA malign MUSLIM with false images.... Muslims around the world are increasing and it will increase rapid in the coming Years In Shaa ALLAH. The irony is that Many people understood the MEDIA conspiracy did by the IT professional by Cheddi deceivers. Many people learnt more about ISLAM and the reality and the Fact. Muslims are growing not in their own but also many non muslims are converting to ISLAM by learning & getting knowledge of the CREATOR who created us... Those who worship the creator are successful. Those who worship the created things are need to learn who is our CREATOR who CREATED all that exists.
Frankly speaking I trust this portal (i.e. Coastal Digest) right from the beginning only because it published fact news to convey the readers.
Today when I read the above news I am really surprised to know the facts with figures. Even a common man can understand the political power of each community.
Though we (Muslims) constitute a huge number (75 Lac), Very sad know our M.L.A's are just 11 in number which is equal to nothing. Our community is very much backward in political power.
Currently 'Power of Powers' in one and only i.e. \ POLITICAL POWER\". Let all of us think and act for the uplift of the community & our fellow kannadigas by choose a existing political party in fray."
In sha allah soon it will come to No 1 Place
please convey this messege to other media, they have lack of knowledge in getting news
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