U T Khader registers fourth straight victory in Mangaluru, knocks down BJP, JD(S), MEP

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.

Jan 14: A police complaint was lodged on Tuesday against BJP West Bengal unit president Dilip Ghosh for his threat to "beat up" and "shoot' " anti-CAA protesters, whom he called "infiltrators".

The complaint was registered in Ranaghat police station of Nadia district by a Trinamool Congress worker Krishnendu Banerjee, who alleged that Ghosh was inciting communal passion.

Addressing a party rally on Sunday in Ranathat, about 80 km from Kolkata, Ghosh went ballistic, saying the governments in BJP-ruled Assam, Karnataka and Uttar Pradesh have shot dead "like dogs" those protesting against the new Citizenship (Amendment) Act.

Alleging there were one crore infiltrators in the state, Ghosh had accused them of destroying public property worth Rs 500-600 crore during the violent protests against the CAA last month

"Friends, please know these people who are opposing Hindus and Bengalis. In whose interest are they doing this? There are one crore infiltrators. They are having their meals and staying here on our money".

He accused the state's Mamata Banerjee government of remaining silent a spectator to the violence.

"This (violence) happened because there was neither any baton charge, nor firing, nor was any FIR filed. Why? Didi's police did not arrest anybody... because they vote for her".

He then referred to the three states ruled by the BJP.

"In Assam, Karnataka and Uttar Pradesh, our governments have shot dead these devils like dogs. They were taken elsewhere and then again cases were filed against them. They will come here, eat, stay, and then destroy property. Do they think this is their zamindari?"

He had said once a BJP government was installed in Bengal, "We will hit them with sticks, shoot them and also send them to jail. Our governments have done exactly that. Mamata Banerjee doesn't have the guts to do anything".

However, his incendiary comments did not meet the approval of sections in the party.

Union Minister Babul Supriyo came out with a tweet slamming Ghosh and distancing the BJP from the comments.

"Very irresponsible of Dilip Da to have said what he said. It is a figment of his imagination... BJP governments in UP and Assam have never resorted to shooting people for whatever reason," he tweeted.

Supriyo's tweet was retweeted by nominated Rajya Sabha member Swapan Dasgupta, considered close to both Prime Minister Narendra Modi and Home Minister Amit Shah.

But Ghosh did not budge and aggressively asked whether the party was being run by Shah or Supriyo.

"People comment according to their understanding. What I feel is that our governments have done it, and so I said all that. If we get a chance we will also do such things," he said, sticking to his earlier comments.

Supriyo also hit back. "Just as he has remarked 'whatever Babul Supriyo has understood he has said', similarly I am saying this is Dilip da's personal opinion, and it has no connection with the party".

Udupi, Jul 14: Kundapura police in Karnataka have booked a case against a businessman who had violated home quarantine rules as many as 163 times.

Accused Sahab Singh had arrived at his rented house at Koteshwara from Mumbai on June 29. He was asked to remain quarantined in his house till July 13. 

However, he was found loitering and visiting hotels in Udupi. Officials tracked his movement through mobile GPS. He breached the quarantine period 163 times. 

Following the violation, Flying Squad officer N G Bhat filed a complaint against Singh in Kundapura Police Station under IPC Sections 269, and 270.