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
Shame on Indian police for registering this kind of cases as even they know this has no basis in constitution.
they supported a cricket or sports team... even I supported UAE Team..I have my right to support any sports team..
PLEASE SEND SRI SRI RAVI SHANKER TO PAKISTANN PLEASEEEEEEEEEEEE
IF HINDHU SAY THAT IS NABOUR CONUTY
IF MUSLIM SAYS HE IS TERROR ACCHE DIN WHA WHA /.
Hope all have gone through below news about shouting slogan in favor of pakistan by Sri Sri ravi shankar ... why you people have not commented on that ....
Pakistan Zindabad....india belong to muslim they ruled for 1000 years, we will take back glory soon.
Mohan; Sharvan, Preethi, Meghana...
Please open your mind and dont fall trap over & over on cheddi media... if You try to accept whatever said in the media again & again even after knowing their LIES ... What should we call U guys...
Dont just make Howdu basava howdu ... for everything which is said in the media ...Use your God given intellectual and stop supporting the aggressor ... cos a day will come when the one who gave this life will account for our deeds done in this LIFE... So stop supporting the aggressor without true knowledge which U might regret later ... as many regretted after becoming voilence with a false statement from the cheddi leaders
Yes these students does not know about what they are talking.
They should be kept behind the bar.
By the way what happened to SRI SRI art of living Swamy who said Pakistan Zindabad??? is he arrested.??
Indians can support any country in any game but when any match is having indian team they should support only india.
@ MEHHNA , PREETHI ,SHARAVAN, MOHAN, KARTHIK ,,
YES WE NEED TO PUNISH THEM HARD , SEND THEM TO PAKISTAN.. EVERYTHING WE WILL DO WT U SAID
SRI SRI SRI RAVI SHANKER SHOULD GO TOGETHER WITH THEM, WE WIL BOOK 3 SEATS IN FLIGHT L
Constitution did not tell citizens to support only Indian team. There is no law saying that, then why on the hell police arrested those innocent people and under which law. In a democracy you have right to chose or support any one you want. Its not a big deal. Pakistan is not our enemy at all, Modiji without informing anyone met Nawaz Sharief, Pakistani PM. It happened because of our friendliness with that country.
I am a good supporter of our Indian team but it does not mean that I impose same on other fellow Indians too.
Grow up guys.
When SRI SRI Shankar said Pakistan Zindabad no action, no arrest,
when a muslim said he is arrested.
INCRIDIBLE INDIA ! WHERE SRI SRI CAN CALL PUBLIC MEETS ! STUDENT JUST TYPED IN WHATSAPP THEY ARE ARRESTED !!
WHEN IS SRI SRI ARREST ! ??????????????/////
if they raised slogans in favor of our arch rival, than take strict action against them. But Please don't touch Desh Bhakt like Ravi shanker !
Send Sri Ravishanker along with Two students from puttur to Pakisthan...Law should be equal for all.Do not bring religion in between.
there is no muslim commentors now ... these two terrorists must be kicked out of india along with their families ... soole maklige they want all benefits here and loyalty to pakistan ... no mercy for these animals .muslims here give big lecturer about religion , but they dont teach manners and basics for their community members .
Yes Mohan should send them pakistan with Ravi sankar...
DEAR PRO-CHADDIS.....
WILL YOU SEND ME SOUTH AFRICA AND ENGLAND IF I SUPPORT HASHIM AMLA AND MOEEN ALI?????
WHEN YOU WILL SEND SRI SRI RAVISHANKAR PAKISTAN FOR CHANTING PAKISTAN ZINDABAD???? WHY NO ACTION ON HIM????
serious action must be taken against them. india the country of peace loving and this type of people misunderstood us for being soft, one thing always should be on head that how much soft we are double to that we could be hard rock.
Pakistan zindabad is slogan of owaisi chaddis. not Bharath matha ki Jai
Now a days its common, need to give proper punishment next time they have to think hundred times before calling this.
both student must be sent to the pakistan, the two dogs of pakistan
me before india started batting: hahahaha we got this wtf pakistAN ZINDABAD
me now: we are brothers and sisters we both win in 1947.....
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