Bangalore: A Mangalore court on Monday cited lack of evidence to acquit all the accused in a 2009 pub attack that had prompted a group of women to launch the "Pink Chaddi" campaign.
The Judicial Magistrate First Class court acquitted Sri Ram Sene leader Pramod Muthalik and 25 others.
On January 24, 2009, Sene activists were accused of raiding Amnesia - The Lounge Pub on Balmatta Road in the coastal city and attacking women customers.
Women pub-goers were beaten up and dragged out of the pub in the name of preserving the "Hindu culture". The women were allegedly molested and called "loose".
The following month, a group that called themselves Consortium of Pub-Going, Loose and Forward Women asked people to mail pink underwear to Muthalik. Hundreds of pairs of panties were sent to the Sene leader to protest the attack.
A BJP government was in power when the attack had taken place. The pub has since closed down and another one has been operating at the same location.
Vinod Pal, a lawyer who represented all the accused, said: "The court clearly said there was no sufficient evidence to implicate the accused."
None of the women victims of the attacks had deposed before the court. The details of the verdict were not immediately available as the certified copy will be available only after two days.
Lawyers on Monday told this newspaper that none of the women victims had filed police complaints, because of which they could not be treated as witnesses.
The women victims were not cited as witnesses as they did not lodge complaints or even give statements to the police, said Asha Naik, another lawyer who represented the accused.
"Someone is cited as a witness only if he or she lodges a complaint or makes statement. In this case none of the women were cited as witnesses," she said.
"How is it possible to even know the actual number if they don't come forward to record statements or lodge complaints?" she asked.
Senior high court lawyer G.R. Mohan, who is not associated with the case, concurred with Naik. "To be listed as a witness, one should either be a complainant or should have given a statement to the investigating officer. Otherwise, the case will become weak," he said.
K. Phaniraj of Komu Sauharda Vedike (communal amity forum) said he was disappointed with the verdict. "The weakest prosecution, docile law enforcement and evidence gathering, lack of witnesses and shameful lack of will on behalf of the law ministry has failed the case," he said.
Muthalik, who was at the court when the verdict was pronounced, later told reporters he had always maintained his innocence as he was not even in the city when the incident took place.
"I was fixed in the case by the BJP and Congress governments," claimed Muthalik who has not been on good terms with the BJP.
"It is true I am against pub culture which has spoilt our culture. But I had no idea that the activists were raiding the pub as I was in Maharashtra then," he said.
"Even in the future we will carry out peaceful campaigns to stop people adopting western culture. I know the Amnesia pub closed down after that incident but another pub has taken its place and served liquor till past midnight (against the 11pm deadline)," Muthalik claimed.
Although Muthalik had supported the attack in the days after it was carried out by his followers, he had later described it as a "big mistake and a public relations disaster".
However, several more brazen acts of moral policing were reported from the district.
Suspected activists of the Hindu Jagarana Vedike had mounted a similar attack on a homestay where 12 youths had organised a birthday party. The case is still pending in a local court against more than 10 men from the group.
