BENGALURU: The Karnataka high court on Tuesday observed that “over-zealousness” of Mangaluru city police in handling anti-CAA protests was evident from the fact that they registered FIRs under IPC Section 307 (attempt to murder) against persons they themselves had killed in firing. Two persons were killed in police firing in Mangaluru when violence allegedly erupted during anti-CAA protest on December 19, 2019.

The court noted that the accused involved in the alleged violence appear to have been identified on the basis of their affiliation with Popular Front of India (PFI) and them being members of the Muslim community. The court also pointed out that failure to register FIRs against police officers on the basis of complaints made by victims shows that a deliberate attempt was under way to cover up police excesses by whimsically implicating innocent persons.

Justice John Michael Cunha made this observation while granting bail to 21 people arrested after the violence. The petitioners were directed to furnish a bail bond for Rs 1 lakh each and cooperate in the trial.

“In the wake of counter-allegations made against the police and in the backdrop of failure of police to register the FIRs based on complaints lodged by the victims, the possibility of false and mistaken implication cannot be ruled out,” the judge observed in his order.

The judge said there was a hint in the prohibitory orders notification about impending protest against CAA by Muslim youths on December 19, 2019, and the protest could not be termed unlawful within Section 141 of the Criminal Procedure Code.

Justice Cunha, who also perused materials furnished by the prosecution, pointed out that contrary to the assertions, no material was produced before the court showing the presence at the spot of any one of the petitioners with deadly weapons and the allegation that the Muslim crowd of 1,500– 2,000 was armed with weapons like stones, soda bottles and glass pieces is an omnibus allegation.

“It would be travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and the police. The records indicate that deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence,” the judge further observed while granting bail to Mohammed Ashiq and 20 others.

The petitioners had complained they have been falsely implicated in the case and that not a single case based on the complaints made by the injured and relatives of the dead persons against police personnel has been registered.

