Stones seen on Nellikai road after CAA violence in Mangaluru

BENGALURU: The Karnataka high court on Tuesday observed that overzealousness of Mangaluru city police in handling anti-CAA protests was evident from the fact that they registered FIRs under IPC Section 307 for attempt to murder against persons they themselves had killed in firing on December 19 last year.

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

Justice John Michael Cunha made the observation while granting bail to 21 persons arrested in the wake of violence which allegedly erupted during an anti-Citizenship (Amendment) Act protest at Mangaluru on Dec 19. The petitioners were directed to furnish a bail bond for Rs 1 lakh each and co-operate 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 said.

‘Deliberate attempt to fabricate evidence’

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

Justice Cunha, who perused materials furnished by the prosecution, said 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 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 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 complaints made by the injured and relatives of the deceased against police personnel has been registered.

