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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.

Bengaluru, Jul 28: Several state Congress leaders, including its President D K Shivakumar, among others, were detained by police as they tried to march towards Raj Bhavan here against the alleged attempts by BJP to topple the party's government in Rajasthan.

Shivakumar, along with Leader of the Opposition Siddaramaiah, state Congress Working President Eshwar Khandre, Salim Ahmed among others were stopped by the police midway as they marched from KPCC office towards Raj Bhavan.

Congress leaders then staged a dharna at the place where they were stopped. Addressing the gathering, Shivakumar accused the BJP of trying to "murder" democracy by destabilizing and removing elected governments.

"We wanted to protest against it and submit a memorandum to the President through the Governor," but the Karnataka government by using police was not letting them proceed towards Raj Bhavan, he said. "Despite our being a peaceful protest, the police stopped us," he said.

Siddaramaiah, echoing similar views, said peaceful protests against injustice was the right of every citizen. Alleging that the BJP was attempting to destabilise and remove the elected government in Rajasthan as it did in Karnataka and Madhya Pradesh, he said the Governor's office there (Rajasthan) was being 'misused'.

The Governor was working like an agent of the central government, he charged. He said, despite repeated appeals by the Rajasthan cabinet, the Governor there had not convened the assembly session, for the floor test to take place and for Congress to prove its majority. Police subsequently detained Shivakumar and some other Congress leaders and took them to a nearby police station.

They were later released. Meanwhile, as the Congress' protest amid Covid19 pandemic did not follow social distancing norms, Medical Education Minister K Sudhakar hit out at that party's leaders. In a tweet Sudhakar said, for Congress leaders getting publicity was more important than social concerns.