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
Ram Naik India is not belongs to you there is a COMMON constitution to
all INDIANS. The seat which you holding is a respective ONE. Don't misuse or try to pollute. If you people not respecting the constitution then your same policy will destroy you.
cheddis are missing here also....
O armed cheddis show u r stamina against most wanted BABA's..
Beliye Eddu Hola Meidanthe
Where are Mulla Mulayam, his son akilesh and their wazeer azam khan ?
and bargain king Shahi imam ? All are using minorities as vote Bank. AAP is best solution for all the problem in the current scenario.
hahahaha muah what a word rama naik ji ... saabis are burning ... obba thirdrated saying we have guts only when we have drinks .. ofcourse even their ummah gang that is ISIS , uses drugs to fight . one slum shaiekh saying one verse .. hahaha ... just 2 million millitarised jewish army , 56 muslim nations cannot do anything .. they are doing mujra infront of israel .. just imagive if hindus are millitarised ... pinkaan and gaddakke benki hatchiteevi rashtradrohi. galige .. jai sri ram ... even pakistan has 200 million muzzies and 200 nukes .. but they cannot stop drone attack from USA in their country .. pakistan claims they are the protectors of holy sights ... hahaha ... first to take weapons are jewish ,then christians now hindus along with buddhists . who wants these rogue irrtitating culture ... hara hara mahadev , arm hindus for the protection of bharath mata , which is under threat from jihadists and islamic mercnearies ...
narendra Modi govt compliments to hindu terrorist......
I request muslim organisations to provide same arm camps to all of their members...
It is the duty of Governor to maintain Law and order in co-ordination with state govt. instead it supports this kind of illegal activities.
If people are allowed to take Arms what will be the future of Inida..
It is shame to the democratic country like India and going back to the old age where there was no Law and order.
It is the Duty of the governor to maintain Law and order with co-ordination of State Govt. and instead supporting sangh parivar to violate Law and order in the name of self defense!!!
If the Ruler itself is supporting this kind of activities just imagine what will be the future of India....
terrorists are trained and government is defending it.
They only have guts to fight someone wen they drink alchohol....
Let them practice or get trained!! Remember one thing - \ Jo bhi hota hai, Manzure khuda hota hai!! Maarne wale se bachane wala bada hai wahi hamara Parwardigar hai!!"
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