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.
The PIL, filed by seven Uttar Pradesh residents, has sought the court's direction to ensure that no animal is killed during the festival, called the feast of sacrifice, which is to be celebrated early next week.
Comments
they train how to slit the throat for their kids .. no wonder ISIS militrants love throat slitting and beheading ...they rejoice the kill ... it must be banned ...countries throat slitting activities are terrorism , rapes , smugling , hawala , robbing and thefts .. needless to say who are in large no ... hahaha ... so it is the effect of this ..makla justification nodri .. upper part na slice maadi pain agda haage koltaranthe ...adu dodda rocket science nanmaklige ...haha.. 150 crores iddu ondu nobel tegello yogyathe illa ...science bagge maatu .. hogree hogree fish sales madi hogi ... delivery time aithu :)
Halal best method.
Even yogesh also certified that halal is best way. In halal method. Animals and plants doesnt feel pain.
@yogesh
Well said, that's why we say that halal method either veg or animal, is the best method. because of the speed both doesn't feel pain at all.
at last u agree Halal is the best Method. When u accidentally cut ur finger, u wont
in halal method animals don't feel pain. what about fish, which die very painfully.
stop eating fish also. fish is also vishnu's avatar, which is more holier than cow.
muslims don't eat pig, because it is dirty and filthy, carries lots of diseases
hindus don't eat cow. why. is it dirty and filthy too.
in halal method, animals feel zero pain, proved by science. it is also proved that halal food is more tastier than non halal. and there is no blood in the meat in halal method, even science says halal is the best method. even non-muslims in western countries wants halal chicken, just check the restaurant in usa name is halal guys restaurant. people stand in queue, most of them are non-muslims. next to the restaurant there is one more restaurant, which is non-halal. which is fully empty
Do animals have rights?
The vegetarian argument is that killing animals for the benefit of humans is cruel and an infringement of their rights. They put both on the same level without conceding any superiority to humans over animals. This argument is seriously flawed, because if animals had rights comparable to those of humans, they must also have equivalent duties. In other words, we must be able to blame them and punish them if they violate the rights of others. It is absurd that it should be considered a crime for humans to kill a sheep, but natural for a lion to do so. The problem stems from a misconception of the role of human life within the animal kingdom: a denial of purposeful creation within a clearly defined hierarchy degrades humans to the level of any other creature. Yet even then, the argument is illogical: Why should plants, for example, be denied the same protection from a violation of the sanctity of their life?
Is Islamic slaughter cruel?
The question of how an animal should be slaughtered to avoid cruelty is a different one. It is true that when the blood flows from the throat of an animal it looks violent, but just because meat is now bought neatly and hygienically packaged on supermarket shelves does not mean the animal didn’t have to die? Non-Islamic slaughter methods dictate that the animal should be rendered unconscious before slaughter. This is usually achieved by stunning or electrocution. Is it less painful to shoot a bolt into a sheep’s brain or to ring a chicken’s neck than to slit its throat? To watch the procedure does not objectively tell us what the animal feels.
The scientific facts
A team at the university of Hannover in Germany examined these claims through the use of EEG and ECG records during slaughter. Several electrodes were surgically implanted at various points of the skull of all the animals used in the experiment and they were then allowed to recover for several weeks. Some of the animals were subsequently slaughtered the halal way by making a swift, deep incision with a sharp knife on the neck, cutting the jugular veins and carotid arteries of both sides together with the trachea and esophagus but leaving the spinal cord intact. The remainder were stunned before slaughter using a captive bolt pistol method as is customary in Western slaughterhouses. The EEG and ECG recordings allowed to monitor the condition of the brain and heart throughout.
The Halal method
With the halal method of slaughter, there was not change in the EEG graph for the first three seconds after the incision was made, indicating that the animal did not feel any pain from the cut itself. This is not surprising. Often, if we cut ourselves with a sharp implement, we do not notice until some time later. The following three seconds were characterized by a condition of deep sleep-like unconsciousness brought about by the draining of large quantities of blood from the body. Thereafter the EEG recorded a zero reading, indicating no pain at all, yet at that time the heart was still beating and the body convulsing vigorously as a reflex reaction of the spinal cord. It is this phase which is most unpleasant to onlookers who are falsely convinced that the animal suffers whilst its brain does actually no longer record any sensual messages.
The Western method
Using the Western method, the animals were apparently unconscious after stunning, and this method of dispatch would appear to be much more peaceful for the onlooker. However, the EEG readings indicated severe pain immediately after stunning. Whereas in the first example, the animal ceases to feel pain due to the brain starvation of blood and oxygen – a brain death, to put it in laymen’s terms – the second example first causes a stoppage of the heart whilst the animal still feels pain. However, there are no unsightly convulsions, which not only means that there is more blood retention in the meat, but also that this method lends itself much more conveniently to the efficiency demands of modern mass slaughter procedures. It is so much easier to dispatch an animal on the conveyor belt, if it does not move.
Yogesh, Lol, you explained halal veg in best way... anyone can understand now.. all doubts cleared.
after sacrifice animal we are not throwing meat and not keeping meat to eat ghost. we share all the meat to poor people and our family.we are not wasting the meat. if you care that much about animal you should ban eating non veg (chicken mutton)
I am surprised to see why they dont file PIL from banning export of beef meat. Very strange. Why they are maintaining double standard.
Government can allow Indian cow meat for foreigners to eat....this is very bad and disgusting policy....
On Eid day he feels \Cruel\" other days ?
What about vegetables right? even number of studies prove that plants feel pain. Can people stop using plant and vegetable ?
Court should have right to panish if some one file the IPL which does not make any sence and causing unnessary focus, contradict the constituional rights and waste of court time etc.,"
We Muslims sacrifice animals once in a year.But our Hindu brother's sacrifices animals every now and then in the name of Balidhan.We Muslims are not bothered about the PIL.Bec we blindly believe in Almighty Allah.
You have to file PIL against killing of HUmans first
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