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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I blame students and parent as well why they took admission in such a co education school which principally is against the religion .....
I blame the student who gOt admission in such a school where there is co education even that is also against islam...
Atleast, can this PROFESSOR help me in identifying these super models in the architecture of Belur Temples?
In Mahavir Charitra , Rama's wife Sita Also observed Hijab. #RespectSita
Some people dont know what is beauty of islam ,
what islam means please try to go thru that for u r knwolege
isis talaiban is not islam dont be mis understand that for islam and isi no matchable that against the islam
This lecturer doest know the principles of democracy everyone has right to practice there religion, before inducting such type of lecturers in college, management has to arrange induction programme with proper teachings of moral values and civil rights of society, with only proper action we can root out such type of communally hatred people.
BIBLE SAYS:
1 Corinthians 11:5-6 : But every wife who prays or prophesies with her HEAD UNcovered DISHONORS her head, Since it is the same as if her head were shaven. For if a wife will not cover her head, then she should cut her hair short. But since it is DISGRACEFUL for a wife to cut off her hair or shave her head, let her cover her HEAD.
VEDA says :
Rig VEDA Book no 8 Hymn no 33 V.no. 19 : When Brahma has made YOU a WOMAN, You should lower gaze and should not look up. You should put your feet together and you should not reveal what the garment and the veil conceals.
QURAN Chapter 33 V 9 : O Prophet! say to your wives and your daughters and the women of the faithful to draw their outer garments close around themselves, that is BETTER that they will be recognized and not annoyed. And ALLAH is ever forgiving , Gentle.
Many people follow the MEDIA which mostly controlled by those who doenst believe in the GOD and
IGNORE what is taught in the RELIGIOUS book which is enlightened by the messengers of GOD for MANKIND...
U decide U want go with the believers in God or not? I congrats MUSLIM who stick to the RULES of GOD....By ignorance many attack them for following God's rule without true knowledge of GOD.
such issues should be tried to clear internally as a first preference, if same repeat again peaceful protest should be done.
Jai campus front
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