Karanataka HC sets aside MHA order for NIA probe in RSS leader’s murder case

While setting aside the NIA probe in the Rudresh murder case, the Karnataka High Court has not found fault with invoking of the UAPA law in the case by the Bengaluru police.

Written by Johnson T A | Bengaluru | Updated: March 21, 2017 4:39 pm

 

Karnataka RSS, Bengaluru RSS murder, RSS secretary murder Bangalore, Karnataka High Court RSS murder Karnataka High Court.

An order issued by the Ministry of Home Affairs (MHA) in December 2016 asking the National Investigation Agency (NIA) to take over the investigations into the October 16, 2016 murder of a Rashtriya Swayamsewak Sangh (RSS) leader in Bengaluru was set aside on Tuesday by the Karnataka High Court. A single-judge bench of the high court Justice John Michael Cunha set aside the order where the MHA – on its own and without the consent of the state of Karnataka – had ordered the NIA to take over investigations into the murder of the RSS leader R Rudresh.

ALSO READ: October ’16 Bengaluru murder: RSS man’s killer had IM links, says NIA

The MHA’s order directing the NIA to take over the murder probe and the decision of the Bengaluru police to invoke provisions of the Unlawful Activities Prevention Act of 1967 in the murder case had been challenged in the court by Asim Shariff, a leader of the socio-political outfit the Popular Front of India and four others arrested by the Bengaluru police in the case.

The Bengaluru district president of the PFI Asim Shariff, 40, and others arrested in the case had argued that the MHA had not followed procedures while by-passing the state of Karnataka and ordering an NIA investigation in the Rudresh murder case. The MHA had argued that it enjoys the powers to issue suo motu orders for take over of a case in which the UAPA law is invoked.

While setting aside the NIA probe in the Rudresh murder case, the Karnataka High Court has not found fault with invoking of the UAPA law in the case by the Bengaluru police. The judge after setting aside the December 2016 MHA order for an NIA probe in the case also kept Tuesday’s order in suspension for a week following a request by the MHA for time to approach a higher court. The judge while keeping the order in suspension has stated that neither the NIA or the Bengaluru police should investigate the case in the intervening period.

RSS secretary R Rudresh, 37, was hacked to death on the Kamaraj Road in the heart of Bengaluru by two motorcycle borne men on the morning of October 16. The murder occurred shortly after the conclusion of an RSS route march in the sensitive Shivajinagar area. Based on leads provided by CCTV cameras located around the scene of the crime the Bengaluru police on October 27 arrested four locals Mohammed Sadiq alias Mohammed Mazar, 35, Mohammed Mujibulla alias Moula alias Mujib, 44, Wasim Ahmed, 30, and Irfan Pasha, 30, on charges of executing the murder. Based on the interrogation of the four men, the police arrested the Bengaluru district president of the Popular Front of India Asim Shariff, 40.

In November 2016, shortly after the arrest of Shariff, the Bengaluru police invoked the UAPA law – which is usually invoked in terrorism cases. In December, amid growing demands from the BJP in Karnataka the MHA had directed the NIA to investigate the case.

Last month, the NIA went before a trial court to seek the custody of Shariff for further investigations but the PFI leader filed a plea in the Karnataka High Court questioning the NIA’s involvement in the investigations and the invoking of the UAPA by the Bengaluru police. The PFI leader has argued that the Bengaluru police had not unearthed any material to prove that the murder is linked to terrorism. The NIA however argued that Shariff and others accused in the case were linked to members of terror groups like the Indian Mujahideen and the Al Ummah.

The NIA also argued that it needs to probe the PFI leader and others under the UAPA to establish whether the murders of many right-wing leaders in south India over the last few years are linked. The NIA argued that right-wing leaders were being targeted by trained assasins. The Karnataka High Court in its order on Tuesday allowed the invoking of the UAPA law in the case, but set aside the NIA investigation and asked the Bengaluru police to continue the probe.

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  1. J
    Jai hind
    Mar 21, 2017 at 2:05 pm
    thats true .,,, we dont get any news update of rss who were caught fopr having relation with ISS
    Reply
    1. I
      IslamForFoools
      Mar 21, 2017 at 5:19 pm
      Islam and kuran are rootcause of terrorism not just in India but worldwide. There is no RSS in stan and Afghanistan, Iraq Syria, but still terrorism of Islam is there. Blame others for your own fault of kuran and Islam shows your mentality is same as Isis, and your house shud be bombed with your entire family
      Reply
      1. I
        IslamForFoools
        Mar 21, 2017 at 5:17 pm
        Mohemmed pedophile was is and will be biggest terrorist and repist of children. Fck Islam
        Reply
        1. I
          IslamForFoools
          Mar 21, 2017 at 5:03 pm
          Por front of India is musselman terrorist organization killing Hindus throughout India. They are doing this when musselman are less than 15 percent, Hindus won't even be able to speak in future if they keep reducing their potion and keep allowing landa potion to grow, this country will be come Syria due to Islam and Muslims, and only people who will be blamed for this will be Hindus themselves
          Reply
          1. F
            Feku
            Mar 21, 2017 at 1:39 pm
            apply burnol and ice.
            Reply
            1. F
              Feku
              Mar 21, 2017 at 12:16 pm
              RSS are proved terrorist. Have you not seen the video of harcore rss member and his confession saying they they are related and gets training from ta.liban and accepts funds. Watch and see fir yourself. The reson why these releigios terrorist stay hand in hand together like is.is,taliban, rss etc. The reason why rss decided to recruit muslims for kashmir in its outfit just like what tali.ban offeres and recruits rss memvbers.
              Reply
              1. S
                SI
                Mar 21, 2017 at 1:53 pm
                We should not forget that there is always a Payback time where we get as reward multiple Times what we have given to others. So, if our actions are good we get Good Reward and if Wicked, we get unbearable sufferings. This is the law of nature.
                Reply
                1. K
                  Kumar
                  Mar 21, 2017 at 11:27 am
                  Why HMA giving so much of importance to RSS terrorist, these id iots creates problem for the nation. I support the decision of High court for not giving importance such goons of the soceity.
                  Reply
                  1. L
                    laxmi singh
                    Mar 21, 2017 at 4:06 pm
                    Blind Bakht of Impotent FEKU Ggt;No dout RSS and chaddi walas are real problem creators. Mohan bhagwat is the hidden terror outfit head and commander amit shah the staged counter specialist is leading the country to complete chaos. So called RSS desh bakhts never took part in freedom struggle and becoming champion of desh bakhti. They could only dream Gobar burger and Gau mutra as soft drink and wanted to take india back to 5000 years in the name of New India. And also wanted to impose MANU-Smirti
                    Reply
                    1. L
                      laxmi singh
                      Mar 21, 2017 at 4:02 pm
                      No dout RSS and chaddi walas are real problem creators. Mohan bhagwat is the hidden terror outfit head and commander amit shah the staged counter specialist is leading to country to complete chaos.
                      Reply
                      1. M
                        Manu USA
                        Mar 21, 2017 at 1:58 pm
                        This organization needs investigation by nia. What is wrong. HC did wrong, the case be sent to bench.
                        Reply
                        1. M
                          madhukar nikam
                          Mar 21, 2017 at 4:24 pm
                          HC has not applied its mind.....unfair judgement
                          Reply
                          1. H
                            heena
                            Mar 21, 2017 at 11:55 am
                            It looks that HC had wronged in taking the case further to logical end. It is well known that the present Karnataka govt is also involved in organised killing of innocents.
                            Reply
                            1. S
                              Saji Varma
                              Mar 21, 2017 at 12:17 pm
                              You are correct Mr. Kumar, if the accused are Muslims then, UAPA and NIA probe is a must. In all the cases wherever Muslims are victims, none of the culprits convicted, or the convict charges are silly and easily walks out on bail to create further trouble. I am very sad to tell about our judges and judiciary where in all the cases against right wing comrades, unable recognize the conspiracy of RSS comrades. I request all to observe RSS and ociates activates. They are here to create troubles rather than welfare of any society. This leads to destruction of law and order, peaceful life, deviation among the society, and backfire on development of the nation. Also to achieve support they will go to any shameless levels.
                              Reply
                              1. S
                                Seshadri
                                Mar 21, 2017 at 5:43 pm
                                Shameful. Any layman can tell that the PFI is a terrorist organisation and HC is coming in the way of terror investigation. Wonder what makes higher judiciary give such adverse judgements detrimental to India's security concerns.
                                Reply
                                1. G
                                  Gogi
                                  Mar 21, 2017 at 3:16 pm
                                  Shame on HC. This is like Pak is differentiating between good terrorist and bad terrorist.. Shame on Khangressi Karnataka govt
                                  Reply
                                  1. S
                                    S.Kumar
                                    Mar 21, 2017 at 1:31 pm
                                    AAP kujliwal bakt barking now
                                    Reply
                                    1. S
                                      S.Kumar
                                      Mar 21, 2017 at 1:27 pm
                                      One porkistan terrorist barking here
                                      Reply
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