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The High Court of Karnataka had granted 22 anti-CAA protesters who were booked by Mangalore Police. The allegations made by the Mangalore Police was that the above said protesters attacked the police during CAA protests in Mangalore on December 19, 2019. The police have filed 31 FIRs against the protesters during the time of attack. The bench observed that the family’s who have lost those people during the police firing on the same day have not filed any FIR. The bench also observed the material evidence collected by the Investigating Agency such as photographs at the time of protest could hardly any member were armed with weapons as submitted by the policemen. But to the utter surprise the bench found some policemen were pelting stones on the crowd. The bench comprising of Justice John Michael Cunha stated that the crowd of Muslim group summed up about 1500-2000 and none of the them were carrying any sort of dangerous weapons such as soda bottles, stones and glass pieces as submitted by the Mangalore Police Station in their reports.
Finally the bench held "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 respondent police have failed to register FIRs which would go 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. Over-zealousness of the police is also evident from the fact that FIRs are registered under section 307 IPC, against the persons killed by the police themselves. In the wake of the counter allegations made against the police and in the backdrop of the failure of the police to register the FIRs based on the complaints lodged by the victims, the possibility of false and mistaken implication cannot be ruled out." And thus the court held that this investigation was found to be ‘mala fide’ and ‘partisan’ and bailed out 22 protesters out of custody on Monday.
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