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
Why only POOJARY... is attacked...
The cheddis are out on all their deception.. They can kill their own cadres to make their false claim and blame other to deceive those who are sleeping. for long time this is their evil agenda... & fooled many...Y not this time too..
@ CHARITA ,,,
JUST WAIT AND SEEE WHO KILLED... SDPI OR RSSS OKK....
Fee naari.......
SDPI goons are behind this brutal attack. back stabbers.
@ viren kotian ....
ya u r right here we need proper investigation to catch the real terrorist ..
last time how harish killed and blamed to mulsimssss
then police did perfect investigation and catch the real terror who killed same commu
bajrangies always create problems around.....
Bjp attacking people who left bjp n supported Congress this zp/tp election.
#rss #deshdrohiRSS
Is killing so easy in mangalore? Pull all politicians or rowdies who wants to kill each other to a ground n let them do what they want to so.. So that Mangalore citizens can stay without any fear
Whats happening in our town? now police along with sangh parivar activists will launch mid night raids on homes of innocent muslims, drag them to custody and torture...
What the hell... Assailants are directly helping Sangh Parivar. They must be arrested and punished immediately.
Also CD must let us know the back ground of the victim. Where he was part of saffron immoral brigade (like prashant poojary of Moodbidiri)?
thanks CD for the fast update. this is a shocking incident.
Get well soon Prakash Poojary. We are with you. We will not leave the terrorists.
Hope police will raid all suspects homes in Jokatte and give justice to the victim.
Accused might be B wing of BJP. they kill their own men in sensitive areas and blame it on other communities.
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