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
real democracy at work here, which muslim outfit is supporting Pakistan and raising anti Indian slogan, if he has any proof he can register a case, why would he keep talking like this when central is with him… but instead !!he is just bul@#$ing to impress those people, who except every what’s app post as proof...RSS had gifted gun to the first terrorist in independent India and like-minded have also made a temple recently for nathuram goadse- rss was also banned for several years, they were against national flag also...and such organisation is still available then why not SDPI????,,tumhara talwar legal hai aur hamara ,chaku illegal ??
as per Hindutva workers they are not working for India they are working for their political masters, so if they commit crime should they be acquitted. Do you know who is making this arrests they are Hindus they are people like us, who put the country first and will arrest any amar akabar Anthony regardless of political masters or religion…
This foul mouthe KSE should know who hoisted Pak flag in Sindagi, where was this Eshwar when Sri Ravi Shankar shouted Pakistan Zindaba infront of Rajnath Singh, defence minister who remained deaf and dumb. Who went to Pakistant without invitation to eat Beef Biryani in wedding and who took Sari and Bangles as gift to Pakistanis. BJP's IT cell in MP caught passing sensitive defence information to ISI which resuted in death of hundreds of our brave soldiers. You anti-national Sanghi scums are a disgrace to human race. Dont open your ugly mouth, you dirty creature now talk about private part of Muslim males, shame on you brain dead .....
Marle... Looks like escaped from mental hospital.
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