PANAJI: While granting anticipatory bail to anti-IIT protesters at Melauli in Sattari against whom FIRs were filed, a district court stated that although Section 307 of attempt to murder has been applied by police, it was not spelt out whom the protesters wanted to murder.
“Specific role of applicant is also not spelt out. The reply filed by the respondents is also very vague and does not spell out why custody is required. Bail cannot be denied as punishment and person cannot be sent to jail as punishment. Offence of attempt to murder is applied, but it is not spelt out as to whom the applicant wanted to kill,” district judge Irshad Agha observed.
Several persons, including policemen, were injured in the clash between locals and policemen early last month. After the violence, the government decided not to go ahead with the IIT project in Melauli
The court stated that in the event of arrest protesters be released on furnishing bail bond of Rs 10,000. The court ordered that they “shall not enter within a range of 200m from the spot of agitation in the village of Melauli for a period of two months from today”.
The court directed them to appear before the crime branch, Ribandar, for a period of five days and as and when requiredfor investigation.
Advocate Caroline Collasso, representing the protesters, submitted that police inspector Sagar Ekoskar acted brutally by stamping on an aged lady, which triggered the situation causing it to spiral out of control. Public prosecutor Poonam Bharne stated that the police had to take some action because the situation went out of control.
Ekoskar filed a complaint stating that the protesters and other villagers formed an unlawful assembly and were armed with deadly weapons like stones, dandas and coitas, among others. He also stated that the protesters restricted the movements of police, civil administration staff, SDM Sattari and the survey team.
The accused also pelted stones on public staff, survey team and civil staff and assaulted them with dandas and coitas thereby causing simple and grievous injuries to police staff and damaging their protective shields and helmets, Ekoskar stated.
The prosecution stated that the assault had been planned ahead, on January 5. Protesters began marching to Valpoi police station and threatened to damage government property and also to cause injury to the staff and blocked the main road restricting vehicular traffic.
The protesters stated that they are farmers and along with their families have been growing rice, vegetables and plucking cashew fruit/seeds from the cashew plantation in the village. They submitted that the government had given its clearance for setting up of the IIT campus and that according to the NGT order dated August 4, 2018, “no activity adversely impacting eco-sensitive areas be permitted in the area covered by the draft notification February 27, 2017, till the matter is finalised”.
The protesters submitted that the Melauli village is entirely within the area covered by the draft notification and that they are concerned about the takeover of forests land in the village for the IIT and joined the hundreds of villagers sitting in protest merely to protect their lands and livelihood.
They stated that they in no way instigated or lead the local people and were merely protecting against the forcible takeover of their lands and erupted in anger only when the PI stepped on the stomach/chest of women lying down on the ground in protest.
Public prosecutor Bharne submitted that deadly weapons were found from the place, which shows that they had gathered at the spot to commit some crime.