Police stations in Dakshina Kannada, Udupi to be sanitized in a phased manner

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.

Kundapur, Mar 2: A 43-year-old man was arrested by the local police in Udupi district after he allegedly raised pro-Pakistan at Mini Vidhana Soudha in Kundapur today morning.

The man has been identified as Raghavendra Ganiga (43), a resident of Kody in Kundapur. He was working as a Hindi teacher in a private school in the town a few years ago.

According to sources, Ganiga arrived at the Mini Vidhana Soudha at around 10 am and scaled the steps to the building raising 'Pakistan Zindabad' slogans repeatedly.

He continued to raise slogans on the corridor and after entering a hall.  A few people recorded this drama on their mobile phones and informed the police.

Later, Kundapur tahisldar filed a written complaint against with the local police, who took Ganiga into custody.

According to police, Ganiga was under depression after his wife deserted him and left him with their only child.

New Delhi, Mar 3: Bharatiya Janata Party leader Kapil Mishra, who instigated violence in northeast Delhi by provoking mobs, has now been provided with 24x7 security. After he claimed threat to his life, he has been provided with “Y” category security — which entitles him to six security personnel round-the-clock to guard him in and outside the city.

He had fought the 2020 Delhi Assembly elections by giving inflammatory remarks around the anti-Citizenship Amendment Act in Shaheen Bagh, and lost to Aam Aadmi Party candidate. But he continued to issue provocative remarks.

While there is clear evidence of his scandalous statements just a day before the violence was unleashed on Muslims in Delhi last week where around 50 people were killed, no action has been taken against him so far. Instead, he is being treated as a hero in his party.

As per sources, Mishra complained that he got life threats over the past week in wake of the violence and based on his request, the Delhi Police has provided the security cover.

Mishra had taken to social media platform Twitter and alleged that he was receiving threats via WhatsApp, Twitter and Facebook, from Indian and foreign accounts.

“I am constantly being threatened with murder on the phone, on WhatsApp, on email. Hundreds of threats are being given continuously from the country and abroad. I don’t fear this hate campaign against me,” he had said on Twitter on March 1.

Mishra had on February 23 made an incendiary speech, following which North-East Delhi witnessed anti-Muslim violence.

The Supreme Court of India on Monday said it will on Wednesday (March 4) hear a plea that sought immediate FIRs against Kapil Mishra, Union Minister of State for Finance Anurag Thakur and other leaders for their recent hate speech, which allegedly triggered the violence in Delhi. The plea was filed by Delhi violence survivors.

The apex court bench, comprising Chief Justice SA Bobde, listed the matter for hearing after senior advocate Colin Gonsalves, who is appearing on behalf of the survivors told the SC that the Delhi High Court had last week adjourned the matter for six weeks even as “people are dying every day”.