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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After all these sufferings,it pains a section of us,common peole still support demonetisation !
What was supposed to be a surgical strike against tax cheats and counterfeit currency became an attack on a large informal economy that ran almost entirely on cash. The hardships caused by a shortage of new legal tender, and the rush to deposit old 500 and 1,000 rupee ($15.40) notes in bank accounts before the Dec. 31 deadline, took a heavy toll. More than 100 people died in bank and ATM queues, although it's impossible to confirm if the deaths from heart failure or exhaustion were directly a result of demonetization.
I Will donate one rope to hang him.
@Truth Teller - I share your views 100%
Honestly, i am not sure what is there to like about Congress! Besides all the scams running to several thousand crores and losing face in the international scene (thanks to Kalmadi) they have played religion & caste politics for decades for vote bank ruining the country. For the first time after independence perhaps there is some move towards honesty, improving infrastructure, education and cleanliness. Why some continue to hate Modi is just beyond me if you truly love this country. Rahul is bad news for India unless they find someone else who can be like Modi - hardworking & with a vision to change.
Honesty is incompatible with the amassing of a large fortune - Mahatma Gandhi
Modiji is the true and honest man after Gandhi
Demonetization in India was a war against dishonesty and it is a movement against corruption.This exercise has brought an awareness to the people not to make wealth dishonestly.Majority of the people wanted honest system in India and supported the Government's initiative on demonetization.
I am a hardworking sincere person. I earn for a living and to support my family, because of demonetization me and my family suffered without any cause. This man freezes our transactions to a minimum of 2000 and what not. Who was he to do it, By law it is not permissible unless a person is held guilty by law agencies.
Because of one man 100 innocent died standing in queue. How come once company made 160000 times profit during demonetization, Where is the black money, what happened to panama papers. These statistics have to shown after demonetization. Even now they are misleading crores of people with data not important to Aam Admi.
Dinesh Gundu will soon be under police custody
Nobel prize winner praised Modi for demonetisation and digital India and later he confessed he told wrong after knowing that Modi banned old 100&500 notes and implemented 2000 rupees notes..
I can say Modi is the best intelligent person in the world. And he should get business man of the year award.
Because,
1. Modi made huge benefit to Paytm (paytm ceo didnt do this much profit for his company)
2. Modi made profit to the private agency which made/maintaning aadhar things.
3. Modi made profit to Jio
4. Modi made profit to big companies by implementing demonetisation and GST (same time it affected badly on small scale retailer shop)
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