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.
Appreciating the work of police, who have arrested four suspects in connection with the murder, RSS Kshetreeya Sanghachalak V Nagaraj said, "If the involvement of PFI and SDPI in a larger conspiracy is proved, we will seek a ban on them from the Centre."
Comments
If RSS and other chillar saffron pillas are banned....then all Muslim based parties will surely back off....try it
..India will be a Better place to live......
if u say to ban SDPI and PFI wht abt the killers who killed more thn 1000's of Muslim & Dalits in india who will ban those who killed this muslims & dalits they are nationlist this RSS VHP ABVP Sangi shld b banned first in india if you ban this guys thn india will b peace country y u all involving kerala in this in kerala they kill for political reason @mohan and @nirmal u mean to ban all the parties in kerala and in india thn only RSS will rule the country no it will never happen everyone hve rights in india dont point others b4 pointing others look into you wht you guys are upto thn point others for ban or anything wht RSS do notice tht firts insted saying to other parites
First RSS should be banned. Then automatically there wont be any problem, coz the root cause of all the hatred is from this organization.
Also Ban Praveen Poojary killers & thier organization like Bajarang dal , VHP , HJV and Gow rakshak sangs ! !
How about RSS involved in various terrorist activity....I am not a member of both parties....but who are these tapaories to ban....
Same way why don't they ask central govt to ban gang, which is involved in killing Udupi Praveen Poojary?
A new TWIST to hide the real CULPRITS who were caught few days back... We all know cheddis evil agenda ... We dont trust them anymore....
How many times you asked centre When RSS members were hacked to death in Kerala . multiple times in a year ........? that means LDF UDF Congress......CPM and other parties should be banned for killing RSS members ?
If it was possible . then long back would have done .......this is GOD's World .....No evil can claim as its own.......Wa jaa'a haqq wa zahakal bathil ...........Falsehood should persih ...as it is bound to perish .......
and remember RSS is not patriotic not Hindu Organization..........and who are you to ask centre ......BJP elected not to control but to maintain a country
cpm and BJP are in open war in kerala and killing each other , never find any wrong on them ... any govt ruled in India since 70 years never find any guilty on RSS , where as most of the reports pointed its direct hands and some times its ideology behind it ...
central govt may hurriedly take action , if anybody approach action against PFI , as they effortlessly working to ban ZAkir naik and his org.. and keen to ban triple talaq.
Ban Also the Killers of
Ghandhi
Dabolkar
Panesar
Karkera
Akhlaq
hahahahahaha, what are these guys upto, they kill their own members and point out other organization.
when go rakshak killed the bjp worker, why did you keep quiet, did u ask govt to ban go rakshak.
This clearly says their intention is communal hatred.
America enlisted RSS in one of the Biggest Terrorist organization. Assam123.com.
The agenda of banning PFI and SDPI already there since RSS is running the central govt. But its hard nuts crack.
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