Why pub-attack case failed to get conviction? - Defence advocate Asha Nayak explains


Harsha Raj Gatty
Subs and Scribes Media Ventures LLP

Mangaluru, Mar 15: Even if one victim had turned-up, or the infamous video-clip was produced by the investigation team, the case may have seen conviction, Advocate Asha Nayak says.

For over nine years, advocate Asha Nayak says she and her team were chided with uncharitable remarks, provocation, mentally harassed and few even questioned her professional ethos for representing Sri Ram Sene Chief Pramod Muthalik. "Despite my secular credentials and different ideological thought process, I was highlighted by certain people in the media-fraternity as a right-wing sympathizer. Until, I clarified the facts of the matter, that's what even my relatives and colleagues thought," she says.


Asha Nayak

In-fact, according to the Mangaluru based lawyer, she would not even have considered of pleading the case on-behalf of Muthalik and Sri Ram Sene, if it was not for the arrest of her junior advocate Dinakar Shetty by the police department on false accusation. "A national media in Mangaluru misquoted my junior and presented him as though he was the ring-leader of the pub-attack, despite the fact that he was at the office at that time of the incident. Obviously, I had to set things right and apply for his anticipatory bail," she says.

It was hours later during the day that the Sriram Sene leaders requested her to represent them as well. "Similar to a doctor who does not turn-out his patient because he is a criminal, as a lawyer I cannot have prejudices against my client because they don't share leftist ideology like me. As a professional I took up the case in their defence," she says.

No complainants, no video-clipping produced before court judiciary

Unlike the popular belief, that the victims of the pub attack were non-residents of Dakshina Kannada and apparently due to fear from long term legal implication they did not lodge the complaint, Nayak disagrees. "In fact all of the victims were from Mangaluru. They belonged to the rich, politically well connected and influential families. They had all the means at their disposal to pursue the case to a logical end. But not one turned-up before the court of law either as complainant or as witness," she says. In this case, in fact, the suo-moto was lodged by the jurisdictional Bunder police station and not any victim.

As far as the video clipping is concerned, it is secondary evidence, but to prove one’s case in court it needs to have a backing of at-least one complainant. "You can go to a doctor for treatment for yourself and ask for medicine. Can you go to a doctor and say that my friend has fever or injury and request medicine - the doctor will not give remedy based on hearsay. Same is the case here, the video is considered as a hearsay, Where is the complainant? What can the judiciary do, if the aggrieved does not depose before them? Or the investigating agencies do not produce the cameraman before it as witness,” Asha asks.

Nayak argues that in this instant case where molestation is the primary charge, it is a ground rule that the complainant's statement is recorded and she testifies before the court. "Else the question is on whose behest or for what accusation are you punishing or sentencing the suspect(s) for?” she adds.

"Tomorrow person 'A' can download a violent incident that happened somewhere in the world and accuse that 'B' has done that to 'C'. Should 'B' be punished, just like that? Isn't it commonsense that 'C' should be present before the court and corroborate with the evidence so that court takes any judgment?" she says.

During the course of the case-proceedings, Asha says there were several complaints against the pub-owner came into the forefront such as not having permit to run the establishment or license to serve liquor, based on a RTI we also have a proof for this, but no case was booked against him. "We strongly feel that most of the victims were minors. And under Section 24 of the Juvenile Justice act, the club owner who ran an illegal establishment could have also been booked for serving alcohol to the minors. That is why we believe that the investigators conspicuously never produced the video evidence before the court though it was time and again played in the media even after the verdict. So the question is whom the investigating officials were trying to protect? What’s tying their hand?,” Nayak said.

According to the defence lawyer, the public prosecution produced 13 government witnesses of whom eight were police men, four-were private witnesses and a person who was allegedly assaulted. "But we were able to prove that the person was a 'planted' by the investigators," she says.

As far as Muthalik's role is concerned, although he gives statements on the attack, he was not there in Mangaluru during the time of the incident. "In fact it is on record that Muthalik was brought on a 'Body-warrant' to Mangaluru by the police from Pune in relation with some other case and the police tried to fix him," she says.

Taking on the role of activists following the pub attack, Asha says that they were sole interested in media hype, candle light march, holding public meetings and blowing the matter out of proportion. "Activism should have been shown by them by reaching out to the victims, morally encouraging or counseling them to give statement before the police or judiciary. Did they do that? No. They were glued to the microphones and glorifying the incident that were carried by the national and international media," she says.

Even after the judgment, Asha says that some activists unaware of the process of the law are giving misleading statements of filing fresh case or evidence or going before the High Court, when in reality the next forum of appeal is the Sessions Court. "Unlike what this lady activist said before TV channels, no fresh charges can be brought before the court this point. Won’t the court question your reason? What is the 'locus-standi' of the activist? There should be some merit or substance right?," Asha says.

Talking of victim assistance, Asha Nayak cites a 2013 case at Konaje police station limits, when two medical students - a boy and a girl where abducted by certain anti-social elements and forced to perform sexual acts which the perpetrators recorded and blackmailed them. "We encouraged the victims to file a complaint, and later assisted the police to track down the perpetrators, and then gave them legal assistance and handled the case in a systematic manner. But if we had exposed them to media, then even that case would have ended up in dustbin," she says.

According to Nayak, it is natural for ordinary people who are unaware of the court proceedings, they can say all kind of things on social media like the verdict is biased or the criminal justice system is archaic and that's why the accused were acquitted. But in this case it was the victims by their non-cooperation with the law who failed the process. "Of course, the prosecution case has miserably failed. Had at least one girl turned up as complainant or witness and then this video was showed, then there would have been a 100 percent conviction. The injustice to the victim would have been converted into justice," she says.

“Criticism does deter us, if the Department of Public Prosecution goes for a higher appeal and if the client chooses us to represent them - we will definitely do it," Asha Nayak says.

Watch video of pub attack

 

  

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Comment on this article

  • K seetharama Upadhay, Bengaluru/Saligrama

    Sun, Mar 18 2018

    Evidence missing. Needs more stronger evidence in court

    DisAgree Agree Reply Report Abuse

  • Sandy, Udupi

    Fri, Mar 16 2018

    No amount of evidence can open the eyes of a legal system which has decided to be blind for whatever reasons.

    DisAgree [2] Agree [3] Reply Report Abuse

  • JK, southkanara

    Fri, Mar 16 2018

    Mrs Asha Nayak is rightly said that there is no evidence... More over Minors were served with Liquor by the Pub and they did not had any permit to sell it. Point is who is responsible for this serious crime... Mangalore City Corp. is also responsible for allowing this illegal trade without permit/licence. If our EX-Mayor Kavitha sanil should have been there to file case against this pub owner in advance this incident would not have happened... She raided masage parlor and gaming centre... Our Police officers and Corp. officials should jointly conduct such raides in Mangalore to protect our minors from indulging in these crimes in coming days... Parents should also be careful about their childrens being draged to wrong path of life...

    DisAgree [5] Agree [4] Reply Report Abuse

  • Shoan DSouza, Sacheripet

    Fri, Mar 16 2018

    First of all i appreciate Smt. Asha Nayak for following ethics in her profession. She gave an example of a doctor and patient. According to Modi's Medical jurisprudence ,it's clearly mentioned as said by madame. As a client I know Asha Nayak, Vinod and Dinakar Shetty. I still remember her battle for the truth in my case.
    I would like to comment one thing, No dirty politics with right people. Instead they must respected.

    DisAgree [2] Agree [3] Reply Report Abuse

  • Alok, Mangalore

    Fri, Mar 16 2018

    It happens only in India. This constitution promotes moral policing.

    DisAgree [2] Agree [20] Reply Report Abuse

  • Monty Dotor, Mangalore

    Fri, Mar 16 2018

    Bring prohibition to Karnataka. Pub attacks will stop. No pubs no pub attacks. Karnataka ranks second in India in Communal violence cases. We have the goonda bhagya as the latest parting gift. Approximately one murder every week in Mangalore. Criminals with murder cases are moving free , Mera Karnataka Kab Badlega? Mera Bharat Badal Chuka hai.

    DisAgree [22] Agree [9] Reply Report Abuse

  • Ajay, Kallianpur

    Fri, Mar 16 2018

    There is prohibition in Bihar but the situation is far worse there. If you ban pubs then you will have to ban parks, then theatre's, then beaches, and so on till the young have no place to go. Maybe ban co-ed education!

    DisAgree [1] Agree [13] Reply Report Abuse

  • Valson Mendonsa, Mangalore/USA

    Fri, Mar 16 2018

    Any Kind of "UNLAWFUL Use of FORCE on Innocents" & doing the "CRIME against Humanity" is Illegal.
    Proof/Evidence noting more needed other than CCTV Clip/Proven New paper News/Police Witness..

    DisAgree [3] Agree [15] Reply Report Abuse

  • roshan deenn, Mangalore

    Fri, Mar 16 2018

    Didn't Ms. Asha Nayak see the video of pub attack where the Goondas assaulting the Girls?. Couldn't she recognize them and confirm. let her file defamation case against the Media for defaming her clients for publishing such videos.

    DisAgree [3] Agree [27] Reply Report Abuse

  • Rajesh, Mangalore

    Fri, Mar 16 2018

    How the victim can come after such a long long delay of 9 years. they have married to some one or left hope forever. this is all the game of influenced persons,even if you have evidence ,still court want victims statement???? its already taken by police when they are filing FIR....Fed up yaaa

    DisAgree Agree [18] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Thu, Mar 15 2018

    What is the use of all evidences and even if evidence is produced or not produced what happened to the

    CHURCH ATTACKS/

    SO MANY WITNESSES/

    THE RETIRED JUDGE SOMARI SHEKAR THREW AWAY CHURCH ATTACKS REPORT AND THREW IT TO THE DUSTBIN.

    DisAgree Agree [23] Reply Report Abuse

  • Peter saldanha, Udupi

    Thu, Mar 15 2018

    In Pub attack case accused were not convicted for various reason main reason is victims and Bar owner was not pursuing this case in fact they never wanted any conviction, conviction means more media hype and shame on those families, wounds are healed. Lawyer argument is victims never turned up, But this is criminal case Govt Lawyer is representing them, Govt will appeal to higher court even Victims don't do so, In a Murder case deceased person is no more, so court can not throw the case by saying victim is not pursuing..

    DisAgree [5] Agree [55] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Fri, Mar 16 2018

    It is obvious, Peter, you have no idea of the criminal process - or even legal process - works.

    DisAgree [12] Agree [3] Reply Report Abuse

  • H. Siddhanti, Udupi/Washington DC

    Sat, Mar 17 2018

    Is it not true that the state, e.g police, district or taluk administration can file the case with evidence like video and get the criminals behind bars? There is also PIL which can be used by citizens who take the duties of citizenship seriously to pursue the criminals.

    DisAgree Agree Reply Report Abuse

  • Thomas Andrade, Toronto

    Thu, Mar 15 2018

    Asha Nayak tried her best to clarify and justify why she defended the culprits but she has to ask herself if she was right in her decision to defend the alleged culprits. You can tell us what you want us to believe but you cannot tell lies to yourself.
    As per her statement, she would not even have considered of pleading the case on behalf of Muthalik and Sri Ram Sene, if it was not for the arrest of her junior advocate Dinakar Shetty by the police department on false accusation. This statement gives us an impression that defending the culprits is nothing but taking a revenge against the police. By winning the case, does she think that she took the revenge against the police? No, not at all. She took the revenge against those girls who were badly beaten by those rowdies. She is a woman, she knows better than men that how a woman would feel when she is manhandled and molested and that too at public. Ms. Nayak could not digest when her assistant was arrested and imprisoned on false allegations so she had to secure him out of jail, however, she could digest when the true victims, (though they are not associated with her like her assistant did), did not get justice.
    Everyone knows why the victims were not present in the court. Their image was already tarnished by these rowdies and did not want anymore harassment in the court and further publicity from media. The victory for the Ram Sene is a gift from the victims.

    DisAgree [13] Agree [111] Reply Report Abuse

  • Jd, Mangalore

    Thu, Mar 15 2018

    You said it

    DisAgree [2] Agree [47] Reply Report Abuse

  • H. Siddhanti, Udupi/Washington DC

    Thu, Mar 15 2018

    This hiding behind smokescreen and self justification in the extreme. If she is really honest and not right wing sympathizer, then she could have defended mutalik and her junior lawyer because they were not directly involved in the attack. Don't tell me that all the accused have to be tried together. The defense can ask for treating each of the accused separately and defend specific accused.
    She should also remember what the Mahatma did he was asked to defend an accused. After studying the case, the mahatma realized that the accused was guilty, and he refused to defend him. Just shows the difference between the man of conscience and somebody who is willing to compromise their values, or have no values.
    In this case, it is very clear that the prosecution and the law enforcement was not doing its job, probably because they are right wing sympathizers who have infiltrated these organizations.
    Let me ask a further question: If her (lawyers) daughter was in the pub and was attacked, would she have defended the accused?

    DisAgree [11] Agree [67] Reply Report Abuse

  • Langoolacharya., Belman/Wash DC.

    Thu, Mar 15 2018

    H. Siddhanti, Udupi/Washington DC ,

    Having a defense counsel is right of a defendant in Criminal Justice System....Asha Nayak...or some Public Defender/State 71 should defend the accused...otherwise they cannot be prosecuted...that is a catch here...

    Indian Judiciary, Public Prosecution and Law Enforcement/ Investigation/Police need a major surgery...no doubts about it...

    Muthalik knows Indian Judiciary has no teeth...that's why he made these attacks as his profession....

    ...JH...

    DisAgree Agree [41] Reply Report Abuse

  • Rampanna, UDUPI

    Fri, Mar 16 2018

    The thugs of SRS beat up the girls in the pub because their presence in the pub did not sync in line with their notion of morality, and naturally you are angry at this form of moral policing.
    But now you are brow beating Asha Nayak, because her legal defence of those thugs does not go down well with your morality. So now what is the difference between Muthalik and you?

    Asha Nayak is a lawyer running her own private practice and it is none of your business to tell her as to whom she should take on as a client or not. You may have high moral grounds, but morality does not pay Asha Nayak’s mortgage; but client fees does.

    Asha Nayak is a private citizen, we taxpayers have absolutely no right to question her choice of clients. On the other hand, the police and public prosecution are paid by taxpayer’s money and we have every right to question as to how did this simple slam-duck open & shut case drag on for nine years resulting in an acquittal.

    P.S - I have absolutely no relationship with Asha Nayak

    DisAgree [10] Agree [5] Reply Report Abuse

  • Rudolf Rodrigues, Mumbai

    Thu, Mar 15 2018

    Law is blind!! With the actual circumstances under which the case was fought, as narrated by the lawyer, the acquittal seems justified!!

    DisAgree Agree [1] Reply Report Abuse

  • Rehna, Mangalore

    Thu, Mar 15 2018

    Now a days police fine the drivers of vehicles for not wearing the seat belts . When Asha Nayak the lawyer words say CCTV footage does not hold as witness, how the police department find the drivers. Can you fight for justice in this case too.

    DisAgree [2] Agree [63] Reply Report Abuse

  • Langoolacharya., Belman/Wash DC.

    Thu, Mar 15 2018

    Asha Nayak,

    You are a successful lawyer....I just ask you a question here...

    Assume Dance Bars are illegal...if a person visits an illegal Dance Bar...and that person is murdered inside that illegal Dance Bar...what we can do if Police to protect illegal Dance Bar owner...not File a murder case just because murder happened in an illegal Dance Bar???...


    ...JH...

    DisAgree [2] Agree [81] Reply Report Abuse

  • Aravind, Blr

    Fri, Mar 16 2018

    Hypothetically, that person should get married and stay at home rather than go to dance bar and get killed. He he he....

    DisAgree [10] Agree [1] Reply Report Abuse

  • roger, manipal

    Thu, Mar 15 2018

    Mangalore people are great. highly respected educated people live in Mangalore. Some people took advantage of this . As per the Lawyer all victims are Mangaalore Locals. All are rich ,influential, & educated. They dont like this kind of incidents with their children. when they were hit, we mangaloreans felt ,our helpless children's were hit for no faults . they have not done anything illegal in a modern city like mangalore.
    All are young , they have a wonderful life ahead. they cant run around court & lawyer for 9years. its their family reputation. they dont want to stand in the court. Only on this point they got one sided judgement. I hope these moral police will not rise their hand on any girls , because they also have brothers & family.

    DisAgree Agree [38] Reply Report Abuse

  • UMMAR, mangalore

    Thu, Mar 15 2018

    no wonder and no need briefly explanation for this case

    bec wen 2002 gujarath riots how many muslims killed thier wt happen al are free now some are ruling india .

    this we call achhe din

    make in india

    DisAgree [8] Agree [61] Reply Report Abuse

  • Kumar, Kinnigoli

    Thu, Mar 15 2018

    TIPPU KILLED COASTAL CHRISTIANS AND HINDUS. WE ARE CELEBRATING TIPPU JAYANTI.

    DisAgree [27] Agree [43] Reply Report Abuse

  • Rudolf Rodrigues, Mumbai

    Thu, Mar 15 2018

    Are u OK; comparing Tippu times with present day??

    DisAgree [7] Agree [28] Reply Report Abuse

  • Rajesh, Mulki

    Fri, Mar 16 2018

    If we are justifying present day violence based on history then we are headed towards becoming a country like Syria. We must learn the mistakes that happened in the history and learn not to repeat them for a happy and peaceful nation.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Jd, Mangalore

    Thu, Mar 15 2018

    Victims had courage to reach the pub, but not the courts.
    If pub owner had no permit, even he could have been punished. One shot two judgements.

    But who really cares? Maybe asha nayak does, so she revealed the truth

    DisAgree [7] Agree [26] Reply Report Abuse

  • NFS Rodrigues, Mangalore/Bangalore

    Thu, Mar 15 2018

    That small piece of black ribbon tied to the lady of justice should be first removed then only we can expect justice to prevail in its true sense. In the current format it’s very easy to say no evidence was provided/ no witness came forward. If they come forward who will provide protection.

    DisAgree [2] Agree [38] Reply Report Abuse

  • Ivar, Mangalore

    Thu, Mar 15 2018

    I wonder why the pub was filled up by only females! Was it a 'ladies' day' in the pub?

    If there were any men, they would have thrown atleast one bottle on the attackers before fleeing the pub!

    DisAgree [8] Agree [26] Reply Report Abuse

  • stan, dubai

    Thu, Mar 15 2018

    Indian judiciary system is not correct. When the CCTV was there than they would have punished the people. Indian public also wrong. No one comes forward to give witness even though they suffer. Last month in Bangalore the people try to kidnap the lady and as per CCTV police came to help the lady and lady refused to give any details or come forward to lodge the case. How police can take action as our courts and public have peculiar habits.

    DisAgree [2] Agree [21] Reply Report Abuse

  • roy pinto, mangalore

    Thu, Mar 15 2018

    incredible india , incredible law.

    DisAgree [1] Agree [32] Reply Report Abuse

  • John R Lobo, Kaikamba / Mangalore

    Thu, Mar 15 2018

    Noted Point :-

    1. The suo-moto was lodged by the jurisdictional Bunder police station and not any victim.

    2. There were several complaints against the pub-owner came into the forefront such as not having permit to run the establishment or license to serve liquor, based on a RTI we also have a proof for this, but no case was booked against him.

    3. And under Section 24 of the Juvenile Justice act, the club owner who ran an illegal establishment could have also been booked for serving alcohol to the minors. That is why we believe that the investigators conspicuously never produced the video evidence before the court though it was time and again played in the media even after the verdict.

    4.Parents doesn't want spoil their children's future due to India's notorious SLOW PROCESS judicial systems. Lac's of case still pending in Courts.... ( Lower Court to SC ).

    In nut shell Police dept never produced Witness and Evidence........Its botched Investigation....

    So don't blame Defense Lawyer...

    DisAgree [8] Agree [22] Reply Report Abuse

  • francis lobo, Mangalore

    Thu, Mar 15 2018

    I had read earlier that Asha Nayak was representing father of Late Vinayak Baliga murder case and the culprit was arrested and released on bail. By the same logic of the lawyer Vinayak Baliga was not murdered because there was no witness and also there is no video recording and I presume that there are not witness also as the culprit is high and mighty. So the case is finished "No one Killed Mr. Vinayak Baliga"

    DisAgree [3] Agree [40] Reply Report Abuse

  • Rahul Hegde, Mangalore

    Thu, Mar 15 2018

    It's ok Ms Asha Nayak, you just did your duty as per law. You can not go beyond that, you have to play within the law. But our fight doesn't end here. We can go beyond and higher courts and the plaintiffs with evidence will come in overwhelming majority and put an end to this case.

    DisAgree [3] Agree [43] Reply Report Abuse

  • Af,,, Mangalore

    Thu, Mar 15 2018

    Come on what type of this law is, there is a clear cut video recordings people from particular group is beating molesting woman on road side open area ,ok due to fear woman and fmly not come front for registering the case that doesnot mean they beaten and harrased them.

    DisAgree Agree [3] Reply Report Abuse

  • Rahul, Mangalore

    Thu, Mar 15 2018

    so video clip is not enough to punish guilty.
    presiding Judge & advocates needs present at the time of attack .
    If they present also at the time of attack they will tell my lens i forgotten in home.
    Oh my goodness where our judiciary is proceeding?
    In this 21st century where we Indians are we are?
    we are moving anticlockwise & others clockwise.

    DisAgree Agree [3] Reply Report Abuse

  • CHRISTINE, MANGALORE

    Thu, Mar 15 2018

    In India cows and dogs are safer than girls.

    DisAgree [3] Agree [69] Reply Report Abuse

  • jeevan, kudla

    Thu, Mar 15 2018

    Fake CCTV footage.. ....

    DisAgree [47] Agree [2] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Thu, Mar 15 2018

    Even if there is CCTV evidence for a Murder case, unless the dead comes to the court to give witness, the murderer cannot be convicted.

    DisAgree [6] Agree [80] Reply Report Abuse

  • Kiran D Souza, Mangalore

    Thu, Mar 15 2018

    Let's say " They have been forgiven by the Victims", thanks to our justice system where our beloved Lawyers earned their daily bread for atleast 09 looooooooong years. Hope the accused will change from here onwards.
    When our justice system shows mercy to Murderers, Rapists, CHILD rapists, Terrorists, Scamesters & the most Corrupt people, then why not in this case????????

    DisAgree Agree [17] Reply Report Abuse

  • Flavian, Mangaluru/Kuwat

    Thu, Mar 15 2018

    Such declarations/judgement would surely increase the crimes in spite CCTV's being installed. Such court judgements prevail only in India. All ovr GCC countries CCTV's are the best proof of catching the robbers or convicts and they cannot escape from police or court orders.

    DisAgree Agree [4] Reply Report Abuse

  • Wilma, Udupi

    Thu, Mar 15 2018

    Same thing will happen in Bhaskar shettys murder case.Because no one saw this crime and victim no more.In the river found Asthi and bones ??????.can't speak.lifeless.Oh my God.

    DisAgree Agree [28] Reply Report Abuse

  • Anilkumar, Mangalore

    Thu, Mar 15 2018

    this lawyer seems to be feeling guilty of supporting the wrong side and therefore trying to justify what she did. If he son or daughter were in the pub and were attacked, she would not have been blabbering this much.

    DisAgree [1] Agree [31] Reply Report Abuse

  • Cathedral, Mangaluru

    Thu, Mar 15 2018

    I though "People can lie but a CCTV doesn't"
    Moral of the story- CCTV is not a proof of evidence.
    Then why is it that Tax Payer's money is used for installing CCTVs every 100 yards if the CCTV footage itself needs a human verification?
    CCTV in itself is a complete proof. Heck many crucial cricket judgement is passed by a camera. I guess Indian CCTV camera is fake to our so called "Indian Justice System"

    DisAgree [1] Agree [92] Reply Report Abuse

  • JK, Udupi/Dubai

    Thu, Mar 15 2018

    Because with the help of those installed CCTV, police can catch a culprit and produce them in court as evidence in case of any complaint filed by the effected party. But effected party is not ready to come forward to file a complaint or testify in the court, then no use of any CCTV.

    DisAgree Agree [10] Reply Report Abuse

  • Prashanth Poojary, karkala

    Thu, Mar 15 2018

    Dear Cathedral,
    In judiciary no video,photo,or oral statement itself proves the guilty of accused,it should be supported visa versa means document with witness/complainant statement. or else circumstantial evidence.
    Here those who suffered as per prosecution are not appeared before court for evidence/witness statement means how one can expect conviction.
    Its clear case of acquittal.

    DisAgree [10] Agree [6] Reply Report Abuse

  • Dsouza, Bejai

    Thu, Mar 15 2018

    Law is blind... it cant see... it has to hear and the victim has to plead justice or else there are possibilities of one person framing another using third person as a victim. In spite of a belief that women are empowered in our coastal district, it is indeed sad that not a single victim could gather courage to appear before the court.

    DisAgree Agree [3] Reply Report Abuse

  • RIL, Mlore

    Fri, Mar 16 2018

    CCTV only to fine the Public

    DisAgree Agree [4] Reply Report Abuse

  • Jaimini P.B., Manipal,Sharjah

    Thu, Mar 15 2018

    Yes...No evidence and victim did not turn up..Attackers are free....Very sad that Media and people who were shouting against pub attack 24*7, did not encourage or help victims to go to court to send attackers to their real destination.(Maavana Mane)..They needed only publicity not justice....and most of the girls were reluctant to appear before court...how could they say that they were having beer in bar at 12 noon .?..If they had told, the next question from lawyer would be " Why didn't you go to college ? That question would definitely upset and embarrass girls...i think to avoid that humiliation, they skipped to appear before court..

    DisAgree [8] Agree [59] Reply Report Abuse

  • Vinay Serrao, Moodabidri/Dubai

    Thu, Mar 15 2018

    Victims are not handicaps to encourage or help to file a complaint. They need guts to do so....

    DisAgree Agree [24] Reply Report Abuse

  • Haneef, Mangalore

    Thu, Mar 15 2018

    And then cctv is bad investment!

    DisAgree Agree [74] Reply Report Abuse

  • Raj, Mangalore/Dubai

    Thu, Mar 15 2018

    Thats a brilliant move by Asha nayak.. Thanks for the clarification. However, down the lane I would be happy to see the attackers behind bars. Due to lack of evidence, these idiots were let free.

    DisAgree [2] Agree [72] Reply Report Abuse

  • KS Mayya, Mangalore/Bangalore

    Thu, Mar 15 2018

    Clearly, everyone except the people present there were feeling bad for what happened. What is the key learning from all this?
    1. Goons can repeat Pub Attack once again at a pub of their choosing and pub-goers at their choosing?
    2. Media riding on popular sentiment can conduct its own investigation and pass judgment for the consumption of its readers but in reality it cannot stand in the court of law. How about doing some investigation into the role played by the media. If there was no media attention, would the victims have come forward?
    3. Does this mean, that all the goonda act of right wing organizations regardless of their intentions will be condoned by this society especially the victims and their parents with influence and deep pockets?
    4. What is the red-line that we are waiting to be crossed? Violence whether for right or wrong reasons should never be condoned in a society. This case proves it otherwise.

    DisAgree [1] Agree [44] Reply Report Abuse

  • JK, Udupi/Dubai

    Thu, Mar 15 2018

    Advocate Asha Nayak is 100% right. people don't think about the situation and the real fact. just blame advocate & judge.

    DisAgree [61] Agree [13] Reply Report Abuse

  • Krishna, Hampankatta, Manglore

    Thu, Mar 15 2018

    Youth Going pub is Anti national, Modiji working hard for this nation....so as youth should work hard for this country, Court thought so ..that why they released .....

    DisAgree [101] Agree [5] Reply Report Abuse

  • Anil, Dubai

    Thu, Mar 15 2018

    Even though CCTV evidence is secondary it was not produced by the prosecution, because there were a few minors in the pub. ...probably the owner of the pub didn't want to further land in trouble for serving underage minors.

    DisAgree [7] Agree [30] Reply Report Abuse

  • Ivar, Mangalore

    Thu, Mar 15 2018

    simple fact is that Kai government wanted Mutalik to come our scratch free so that he contests for 2018 elections and splits Hindu votes so that BJP is harmed.
    I think mangalorean voters are smart, they will understand the crooked move of congress and vote for BJP.

    DisAgree [100] Agree [21] Reply Report Abuse

  • Sachin Shetty, Mangalore

    Thu, Mar 15 2018

    Thank you for the clarification. If no one comes forward as a witness then the judgement will go in favor of the other party so i feel that the judgement is not biased.

    DisAgree [20] Agree [59] Reply Report Abuse


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Title: Why pub-attack case failed to get conviction? - Defence advocate Asha Nayak explains



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