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Deliberate attempt by Mangalore police to cover up excesses: Karnataka HC

Thu, 20 Feb 2020 10:22:46 +0000

The Karnataka High Court granted bail to 21 people arrested in Mangalore who were arrested for offences committed allegedly during protests against the Citizenship Amendment Act (CAA). While stating the judgement, the Court observed that there had been a deliberate attempt by the Mangalore police to cover up the excesses they committed against the ant-CAA protestors.

The order passed by Justice John Michael Cunha read, “… a deliberate attempt is underway to cover up the police excesses by implicating innocent persons at the whims and caprice of the police. Overzealousness of the police is also evident from the fact that the FIRs are registered under Section 307 IPC (attempt to murder) against the persons killed by the police themselves.”

The judgement also stated, “The records indicate that a deliberate attempt has been made to fabricate evidence and to deprive the petitioners of their liberties. Any criminal antecedents of the petitioners are not disputed. There is no direct evidence to connect the petitioners with the alleged offences. The investigation appears to be mala fide and partisan.”

The Karnataka High Court also took note of CCTV footage and photographs that pointed out that the crowd was unarmed, showing only one person who was holding a bottle. “On the other hand,” the court added, “photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd.”

The Court also reprimanded the police saying that though it had registered 31 FIRs (including being charged with being members of an unlawful assembly and armed with lethal weapons) against the protestors, not a single case had been registered based on complaints made by the families of those who were injured and those who died to the police firing.

Two people were allegedly shot dead and a third was injured by the Mangalore police during protests against the CAA on December 19, 2019. A fact-finding report that was published by human rights activists said that the police allegedly went on a rampage during the protests and stormed into shops in the vicinity, pulling out people, selectively attacking Muslims. At around 4 pm, a team of police attacked Ibrahim Khaleel mosque where about 80 persons were praying peacefully. The police apparently sought to chase certain youth into the said mosque and then initiated an indiscriminate attack upon the mosque. The police launched an attack of stones and tear gas through and above the slats of the mosque gate, causing havoc and confusion.

The report also stated that the police attacked the Highland Hospital where the bodies of the deceased were kept. It was reported that the police attacked the Highland Hospital demanding that the bodies be handed over to them as they were Medico Legal Cases (MLCs). The police upon arrival at the hospital were faced by an angry group of mourners, who pelted stones at the police outside the hospital. The police engaged in lathi charge outside the hospital. They did not stop there. The police then fired tear gas within the hospital compound and proceeded to storm the hospital. They tried to barge into patient rooms including the ICU.

It said that denying bail to the petitioners would be a travesty of justice and an act of sacrificing their liberties to the mercy of the district administration and the police.

Last week, the Karnataka High Court had also ruled that the prohibitory orders passed under Section 144 CrPC on December 18 in Bangalore were illegal. Slowly but steadily, the evidence of police brutalitiy and the confessions of the police about their attacks on those protesting the Citizenship Amendment Act (CAA) are coming to fore. With videos of the Delhi police attacking the students at Jamia Millia Islamia University and the UP police giving a ho-hum confession about their attacks on protestors in Bijnor, it is time for the Mangalore police to own up to its brutal actions.

The complete judgement of the Karnataka High Court may be read here.

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People’s Tribunal finds “gross violations of human rights norms” in Mangalore

Tue, 21 Jan 2020 12:20:34 +0000

A People’s Tribunal comprising Justice (Retd.) V. Gopala Gowda, Mr. B T Venkatesh and Sugata Srinivasaraju was formed to conduct public hearings to hear from all the persons affected by the Police firing on 19th December, 2019 at Mangalore and to report on the observations made by it.

This was a civil society initiative to investigate various aspects of the violence that transpired on that day, including the build up to it. The tribunal heard witness testimonies to ascertain the following aspects of the situation:

Imposition of prohibitory orders and communication thereof
Lathi-charge and firing
Non-compliance with Standard Operating Procedures (SOPs)
Use of communal slurs etc.

The tribunal found that, “imposition of prohibitory orders under section 144 of Code of Criminal Procedure were unwarranted.” Also, “While the Commissioner of Police of Mangalore, Dr. P.S. Harsha, imposed prohibitory orders under Section 144 of the CrPC on the evening of 18th December 2019, the order was not effectively communicated to the residents of the area. After the imposition of the prohibitory orders under section 144 CrPC, permission that was earlier granted was subsequently revoked/cancelled but the same was not effectively communicated.”

The report by the tribunal also states, “As a result of a complete breakdown of communication, civilians who had no connection with the protest were subjected to indiscriminate lathicharge and Police firing.” It goes on to say, “The actions of the Police personnel present on 19th December seem to contravene significant limitations on Police powers, as provided for in the Karnataka Police Manual.”

But the most damning indictment of the police’s communal tilt comes from the report where it says, “Apart from failing to issue warnings to the public before the lathicharge and Police firing commenced, victims and other eyewitness have alleged that the Police authorities present in the area used communal slurs and used deplorable language in order to provoke the protestors.”

The report concludes by saying, “From the statements it is observed that greater harm was caused to civilians and innocent persons who had nothing to do with the protests, if any. Their livelihood has been severely affected. More specifically, two lives have been lost.”

The entire report may be read here:

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Was Mangalore police shooting to kill ? Multiple videos raise questions

Fri, 20 Dec 2019 13:10:35 +0000

In a video tweeted by National Social Media Coordinator of Mahila Congress Lavanya Ballal, policemen are heard talking in Kannada about shots having been fired and ‘no one died’.

Listen to what the cops are saying .
“Even after firing, not a single shot hit anyone, no one died”. #KarnatakaRejectsCAA_NRC pic.twitter.com/cBKgmuSeRG

— Lavanya Ballal | ಲಾವಣ್ಯ ಬಲ್ಲಾಳ್ (@LavanyaBallal) December 20, 2019

Following the publication of the video a number of commentators brought up the question of how the words were said – were the cops angry that despite firing so many rounds nobody was hit or were they relieved that a number of shots were fired but nobody died. Since the video forms a very small portion of a larger video, there is no way to verify the context. But the conversation does take on a sinister tone once other videos are also seen where policemen appear to be firing into the crowd

In this video, why is the cop firing bullets at people in Mangalore, Karnataka?

Was there any shoot at sight orders by the DM!?

CM Yediyurappa and Home Minister must answer as to what’s happening.pic.twitter.com/xHzOkq2cey

— Srivatsa (@srivatsayb) December 19, 2019

Here’s a tweet by journalist Arun Dev

Let this sink in: Karnataka police used military grade assault rifle against unarmed civilians, and killed two of them.
Killed two of them.#CAAProtest

— Arun Dev (@ArunDev1) December 19, 2019

In yet another video, the Mangaluru police can be seen storming the Highland hospital where the injured were taken and dragging people out. Tweeted by journalist Pooja Prasanna.

A CCTV footage, allegedly from Highland Hospital in #Mangaluru from today evening has surfaced which shows police kicking open doors and swinging lathis. Not tweeting video at this point. Waiting for clarity from police, @BSBommai. Disturbing developments. #CAAProtests pic.twitter.com/CajwX5gAnM

— Pooja Prasanna (@PoojaPrasanna4) December 19, 2019

In the end two young men lost their lives in police firing. So did the Mangaluru police indeed shoot to kill ? Were there orders from above ? Will this shocking incident ever be investigated ?

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