Justice Saldanha releases his report on church attacks

[email protected] (CD Network)
February 24, 2011

Mangalore, February 24: Terming the attacks on churches in Mangalore and other parts of Karnataka in September 2008 and its aftermath as and “state- tyranny” and “state sponsored terrorism”, Justice Michael F. Saldanha, retired judge of Karnataka High Court said that it is obvious that the attacks were “pre planned” by the Bharatiya Janata Party led Government.

Addressing media persons after releasing an independent fact finding report on the ill famous attacks, Justice Saldanha said that unlike Justice B.K. Somasekhara Commission, which was appointed to cover up the unpardonable crime committed against Christian community and their places of worship, he has prepared the report without any bias or prejudice after visiting 431 spots and meeting over 14,00 people.

“There is ample evidence for what I have said in my report,” he said.

The newly released report was the outcome of a public inquiry conducted at the instance of the People's Union for Civil Liberties and Transparency International India (TII), Karnataka Chapter.

Justice Saldanha also recalled that when the Government appointed Somasekhara Commission to inquire into the attacks, Christian organisations had told Chief Minister BS Yeddyurappa that his candidature “did not inspire confidence”.

According to the new report, the attacks are representative of the hidden agenda of the party in power, the BJP. “Each one of the attacks and incidents were instigated and pre-planned. They were state-sponsored and not only supported by the state but were also covered up by the state. The responsibility of this devolves on Home Minister V.S. Acharya and Chief Minister B S Yeddyurappa,” the report asserts.

The report also indicts the state police force for “coercing” the perpetrators of violence and allegedly even guiding assault in some places. In one instance, “the police stormed the church at Pemannur, obstructed and stopped the Mass, assaulted the celebrant priest, and standing on top of the altar, directed the assault,” the report alleges.

“As far as the saffron activists are concerned, the Bajrang Dal leader and the leader of the Sri Rama Sene have at all times boldly and openly admitted that it was their respective organisations which had undertaken all the attacks. The evidence clearly established that as far as Dakshina Kannada and Udupi districts are concerned, the RSS was involved,” the report states alleging “total collusion” between the BJP Government and these organisations.

To support Justice Saldanha's report, P B D'sa, the State President of PUCL, produced a few stone pebbles, each weighing between 200 gram to 300 gram, and outdated tear gas shells, which were collected from the premises of Permude and Permannur churches soon after the attacks.

D'sa said that use of tear gas shells, which were expired in 2002, on Christians who were protesting against the attacks, clearly shows the brutal intention of police. He also alleged that the stone pebbles, which were hurled at Churches, had indeed been brought from a river bank in a vehicle by police and saffron forces together. “The driver of the vehicle in which the police transported these stone pebbles revealed this truth when we contacted him,” he said adding that these pebbles cannot be found in the surroundings of the attacked Churches.

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News Network
February 19,2020

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.

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News Network
May 23,2020

Bengaluru, May 23: It was a stampede-like situation near Palace Grounds in Bengaluru on Saturday afternoon. The incident took place after hundreds of migrants gathered and jostled to gain entry. The situation raises concerns as no social distancing norms were followed.

According to Chetan Singh Rathore, DCP Central, the reason behind the stampede-like situation was an en masse message. "What we heard was that an en masse message has been conveyed to the people of Manipur and Odisha that they would be able to go home on trains on Saturday. The message did not consider the capacity of the train which is only 1500 seating capacity for Manipur train and 1500 for Odisha train," he told media.

Singh further added, "But the people gathered were around 3000 in number for the Manipur train and 5000 for the Odisha train. Passengers with tickets and requisites were allowed to travel while others were asked to return home and wait for their turn to travel back home."

The state of Karnataka has eased lockdown restrictions across, allowing state transport services to run. Lately, the government has been running special Shramik trains from Karnataka to ferry migrant workers back to their hometowns.

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News Network
July 9,2020

Bengaluru, Jul 9: Karnataka Medical Education Minister K Sudhakar on Wednesday said the private hospitals in the state have joined hands with the state government in the fight against COVID-19 and will provide 3,500 beds for patients.

"The meeting with managements of private hospitals has been successful and they have agreed to provide 3,500 beds for COVID-19 treatment," he said while addressing a press conference.

Pointing out that the step would help in providing more beds for COVID-19 patients, he added, "The state government is thankful to the private sector for joining hands with the government in this fight against the pandemic. Apart from beds, private hospitals will also run COVID-19 care centres in collaboration with hotels to treat asymptomatic and people with mild symptoms. Together with beds and COVID-19 care centres, private hospitals will add 6,000 to 7,000 beds in coming days," he said while addressing a press conference.

The minister while clarifying on JJM Medical College stipend issue said he had a number of meetings with the college as also the CM. "Held several meetings with the college management in this regard. I also discussed the same with Chief Minister BS Yediyurappa. He already asked the college management to release the stipend of Resident Doctors and PG Medicos immediately. Now it is up to the college management to act.

Urging the residents of the state to fight the pandemic with honesty, the minister said, "We should be honest about the virus and get tested ourselves without hiding it. Wearing masks, social distancing and following government guidelines are the weapon against COVID-19, which would help us to win this war."

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