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
Totally comdemenable situatation, at Kottara chawki Criminal Killer from {Kadapu} kerala Uppala and Kunjuttur, all very young boys ,here in natakel Sangi Criminal Jihadi came from Sullia, you people understand all these safroon criminal leaders understand their utterely defetables forth comming election, Yeddianna and shobakka behind all these, no worries we will produce more and mor, Criminilising the holy land of Hindustan they have t have to pay for ever.
Jai Hoo Siddanna
Jai hoo Raianna.
Dear Bro...
Being a Muslim, lets not drag the Issue much. Yes we all agree it is a criminal act of couple of men who want to disturb the peace in society. We as muslims, try our best to teach them islamic way of handling it. Do u know the Hadees of where a Yahudi is given shelter in the mosque by Rasool ( S.A. ) and the next day morning, he urinated in Masjid and went. But our Rasool S.A. asked sahaba to clean the floor by pouring water on them and asked not to harm the yahudi who urinated there. Lets be the followers of this Great Rasool and lets not make fitna in the society just becoz few are doing some crime.
The place called SULIA is the second HQ of criminal RSS. Dept must trap thier all telecom round the clock and smash this evil from the base. Due to last weeks criminal goonda giri TWO innocents lost their life and whole Mangloreans still with that pain. Beside these desh drohi still stick with their anti communal activity. Now they will create more and more by sponsored goonda giri. SInce the State Govt and our Police Dept are with thier strict action these criminals never succeed much. Public must catch and puch from top to bottom first and hand over to police.
The main culprits behind this are our elected TWO criminal back ground politicians.
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