
Bengaluru, Jul 29: The Karnataka High Court’s division bench of Chief Justice Abhay Oka and Justice H P Sandesh today rejected an application that wanted Amulya Leona’s case to be transferred from Karnataka Police to the National Investigation Agency (NIA).
The bench, while observing that extraordinary jurisdiction can’t be exercised for transferring the case to the NIA, asked “What is so special that investigation should be transferred to NIA?”
The court, in its previous hearing, had questioned the maintainability of the petition seeking transfer of the sedition case against Leona to the NIA.
According to the petitioner, advocate Pavana Chandra Shetty, the case is a serious matter against national integration and unity and has not been investigated properly by the police. The state police also failed to file the chargesheet within 90 days, he said, and also asked for cancellation of her bail.
The bench asked the petitioner as to how a bail, already granted to a person, can be cancelled. “Is it not the indefeasible right of the accused to be released on bail if chargesheet is not filed within stipulated time? How can you make a prayer for cancellation of bail?” the Court asked.
The counsel for the petitioner also stated that in cases of a cognizable offence, when the chargesheet is purposely not filed within the stipulated time, the matter will have to transferred to the appropriate authority.
The court responded to his contention by asking him how could the court override law and cancel the bail. “Where is the question of cancellation of bail? Can we override the law and say that bail should be cancelled?” said the bench.
Advocate Vishal Raghu had filed the petition for transfer of Leona’s case, who was accused of raising pro-Pakistan slogans at an anti-CAA rally on February 20 at Freedom Park. The advocate had blamed the probe team for not filing a chargesheet on time and has asked the state government to approach the higher court against bail granted to Leona.
Bengaluru student Amulya Leona was charged with sedition for her actions in the presence of All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi. She was arrested by the Bengaluru police for allegedly shouting ‘Pakistan Zindabad’ slogans at an anti- CAA Protest in Bengaluru in February this year. On June 11, she was granted conditional bail by the Bengaluru civil court.
Her bail plea was earlier rejected by a Bengaluru court, after she had spent a three-month period in jail, stating that she may abscond if she is released. The sessions judge Vidhyadhar Shirahatti had also stated that if the petitioner is granted bail, she may abscond and may involve in similar offence which affects peace at large and hence her petition is liable to be rejected. The court had also noted that Amulya Leona is an influential person who may threaten and influence the witness and hamper the case in case of the prosecution and will abscond if released on bail.
Comments
This is a false allegation by this BJP Leader. BJP has no issue now a days and nominated certtain people to give illogic, false and anti national statement. Whatever this local bjp leader telling is nothing but lie. He wants to create trouble in karnataka based on guidance received from his party. Police should do investigatin and in case whatever being told by this local bjp leader is wrong he should be arrested under goonda act. At the same time, in case the Moulvi has said anything wrong apprpriated action should be taken on him. He should respect our nation and should not compare it with Pakistan which is quite instable and people are fighting there themselves. We cant compare Pakistan with India. There is a huge difference between India and pakistan in many issues. India is far better than Pakistan.
Hell with your fake desh bhakti.
BJP leaders know that there are many people who will believe what they say and believe in them without VERIFYING and hate others. Guys GOD has given Us intellect . till when will we guys will be Fooled by the haters of humanity to FOOL us to hate eachother. We need to Wake up and use our god given intellect.. No Muslims want to create a pakistan in india.This concept is only with the Hate mongers who play with the minds of those who are not thinking on their own about the society which was living peacefully by both hindus and muslims since long time.
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