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
Whatever you do, shout, cry, Islam is the fastest growing religion not only in India, also in the whole world.
Only learned and educated people know about Islam.
corrupt brains talk like this so called sadhvi.
Even a 5 year old boys and girls can understand that there is no Beja (intellect) in them... How come the adult elect such kind of Leaders who bring their intellect to compare with the Monkey... Sometimes monkey show how intelligent they are...
She looks like came from BUDWARPET of Pune....anyway she use to give controversial statements for publicity stunt but she can be well known as an prostitute for adithyanath & others but not anything else....
Bondu ijjandina marl ponjo..... now i laugh to this type of idiotic statements this people dont know that islam will be alive till this earth exists........pity on u uncultured people
We need people like (Trump,Sadvi,Thogadia,Batta,) etc...who really advertise ISLAM.
Their Anger,Aggressiveness,Fear about Islam is clearly shown to the World.
After all what can a Creation do in front of their Creator (Almighty Allah)
We can just help you by Praying to Almighty Allah may to shower his blessings on you people .Ameen.
Its difficult because many non-muslims born to muslim fathers. Only their mother can tell their real fathers.
RSS should conduct DNA test, i hope they will find 99% DNA belongs to MUSLIM LEADERS.
1000 SAAL HAIYAASHI KA NATHIJA HAIN
She looks like road side beggar begging for food...who is she?? look at her.. yuck!!
Dear Prachiji,
good idea. 1.But first of stop buying gas, petrol, diesel from these countries. For that you need to research on cow urine to use as alternative or need to start pushpak viman,as always our PM says, Planes are the ideas from Puransas. 2.Stop exporting to these countries. 3. Bring back all the Indians working in these countries. Let us see how it will work. Do you have the plan to do this? 4. call back External PM or boycott him for visiting muslim countries begging for investment.Simply giving the communal statement and enjoying with the wealth of these people is not good for your health. people are realizing their mistake by voting your party.
India should be free from Sadhus and Sadhvis and should be sent to Singapore to share / taste snake and beef dishes with Naren
This is what BJPians foul mouth has to utter when PM is roaming around the word visiting Muslims countries and Christian countries begging them to invest in India. Poor people does not have any Hindu country to visit other than Nepal. They want Petrol from Muslim countries, they want investments from Muslim countries, they want Beef order from Muslim countries. But, they don't want Indians to live in India.
BJP is a party of such radical communals. They are not even aware that if they harm 1, 10 will be harmed by Creator, harm 2000 then 20000 will be harmed by Creator. Creator is the best planner. Do not forget natural disasters where 1000s perished.
Bap ray Bap wa Wa Parchi Deddi you better Tie with Our Gangasara \Narain\"he intends same stupid thinking, mainly you Saffron Criminal goonda Looter leader your mind is very short, Your Dream is very high but If you want leave in this Country your thinking stupidity's you Deedi never and ever get peace always in Hell of life, you Understand First, Vanishing others you might Vanish First remember this world is far away from your thinking, you thought your Cheela go America kneel down to US President, you can dream anything for long/ way distance but do not happy days, You Buffoon's definitely get your own day one or other day Parchi."
This only dream......in future it will be vice versa
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