
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.
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PFI is the first kind of organization which is doing community work in all the walks of life.
and providing the helping hands to all the Indian community doing marvelous job.
this is the first organization fighting against corrupt and injustice following the principle of our father of nation mahatma Gandhi’s.
the corrupt and injustice people in the society not ready to accept their policy and trying to stop the voices of justice to the society.
I wish PFI and its sub organizations will continue to support to the society and keep the good work so that people are with you.
Wah what a joke.
RSS is blamming others as terrorists.
Constitutionof RSS is a terrorism. Stupid Hegevar and Savarkar are the heroes of illiterate stupid community.
The whole intelligent community including European Uniion and US openly declared.
This is the sure end and downfall of RSS, which will never come-up again. You woke-up of peace lovers.
Thank you.
You people are never fit to run even a small village and how come thinking of ruling a big country.
RSS is the most active and first ever terrorist organisation in India and it should be banned first. There is no proof of terrorist activities by SDPI and PFI. BJP is afraid of these organisations as they give tought resistance to BJP and this is the reason why its planning to ban these organisations. BJP is doing propoganda only. Real thread for peace + harmoney in India by sanghis. We should ban them first.
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