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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.

The second in the series of chartered flights arranged by Thumbay Group, UAE and the Bearys Cultural Forum (BCF) Trust, Mangalore to repatriate stranded Kannadigas in the UAE took off from Ras Al Khaimah International Airport on 25th July 2020. The flight was fully occupied with 178 passengers including the sick and elderly as well as those in need of urgent medical attention due to chronic illnesses, pregnant ladies and kids. Passengers also included those facing visa issues and job losses.

Implemented under the leadership of Dr. Thumbay Moideen - Founder President of Thumbay Group & Founder Patron of BCF and Dr. B K Yusuf - President of BCF, these repatriation flights are organized on a purely charitable basis, with all necessary steps and precautions in place to ensure the safety and comfort of passengers. 

Thumbay Group assigned its fleet of buses to transport the passengers free of charge from their residences in Dubai, Sharjah and Ajman to the airport. The organizers also provided free meals and refreshments to the passengers, in addition to PPE kits and face-shields distributed free of charges. 

Dr. B K Yusuf – BCF President, Dr. Kaup Mohammed - BCF General Secretary, other office bearers of BCF, as well as Thumbay Group’s representatives Mr. Farhad C – Director of the 
Hospitality Division of Thumbay Group and Engr. Farwaz P. C. – COO of the Construction Division were present at the airport to see off the second group of passengers. 

ARISTOCRAT Travels supported the ticketing, boarding and related processes for the passengers. Support 
was also extended by social organizations including Bhatkal Jamath, Bhatkal association, BCCI, BWF, DKSC, KNRI, Kannadiga Help Line, KDKGS-UAE, Dubai Konkans, KSS and Dubai 
Kannadigas.

The passengers were received at Mangalore airport under the leadership of Mr. Mumtaz Ali - patron of BCF and other distinguished personalities of Mangalore including Mr. B. M. Farookh - Hon. MLC, Mr. Moidin Bava - former MLA, Mr. U. T. Ifthikhar, Mr. S. M. R. Rashid - President of 
BCCI central committee etc.The passengers were transferred to the hotels where they had registered for the mandatory quarantine.

The first flight in the series, with 186 passengers had taken off on 21st July 2020. The next flight under this joint initiative is scheduled to take-off from Ras Al Khaimah airport to Mangalore on 10th August 2020. A few more similar repatriation flights are to soon follow, in the coming weeks.