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
Sanghis are frustrated by loss to bjp in 5 states. they are trying their best to create tension in the public. Kerala POlice should be very strinct on these terrorists. They have factory of making bombs + ammunitions. All the offices of RSS should be checked for ammunitions and sealed. RSS is the real troble maker and should be declared by terrorist organisation . US has already declared RSS as terrorist organisation and same thing shold be done in India also. RSS never supported Indian independence and not a single RSS cadre sacrificed his life during freedom struggle. Instead they collaborated with British and worked as agent / informers.
I dont know why Karnataka BJP/RSS people attacking innocents and vandalising party offices in Karnataka
Along with that, yeddy cheddi trying to make problem here in karnataka. They are trying to make political gain by sabarimala regional issue. Sabarimala issue made by BJP people from kerala
These are all by BJP and RSS to create communal violence and to snatch political gain
Saffrons in Kerala who create all these violence, are Feku's army. In centre they given support to sabarimala women entry and in state they are opposing that just to create communal violence
Cheddis are always trouble makers
I saw one video in fb. Kerala hartal video shot from kochi. RSS vs shop owners. RSS people coming in bike for forcing them to close their shops, but shop owners started beating all of them and these cheddi people ran with and without bikes. RSS got nice treatment in that hartal, thats why they are vandalising shops, vehicles and offices, pelting stones
Saffron terror
Add new comment