‘Prima facie no allegations’: Karnataka High Court stays probe against Sri Sri Ravi Shankar in land grab case
Sri Sri Ravi Shankar case: Justice M Nagaprasanna said Sri Sri Ravi Shankar cannot be drawn into the web of crime, unless the special public prosecutor would place on record something to indicate he is directly involved.
Karnataka High Court News: Observing that he cannot be drawn into the web of crime, the Karnataka High Court has stayed stay further investigation against spiritual leader Sri Sri Ravi Shankar, who was named as an accused in an FIR alleging encroachment of public land in Bengaluru.
Justice MNagaprasanna was hearing a petition filed by the spiritual leader seeking quashing of the FIR and said that halting the probe at this stage would run contrary to earlier directions of a division bench that had ordered action against encroachers of public land.
Kartnataka High Court’s Justice Nagaprasanna earlier refused relief to Ravishankar saying it couldn’t pass an order without seeing records.
The court had earlier refused to stall the probe and said it wouldn’t be “proper to pass any protective order sans seeing record”.
Special Public Prosecutor Sri Belliappa submitted that the name of the petitioner did spring as a respondent in the public interest petition, pursuant to which, the present crime is registered. Therefore, no fault can be found at the hands of the respondents – Bangalore Metropolitan Task Force Police (BMTF) in registering the crime as they have followed every procedure in law.
The respondents BMTF have not committed any procedural aberration in the case at hand, he argued.
"No Prima Facie Allegations": HC Protects Spiritual Leader in Land Encroachment Case
Court's Key Finding
"No allegations against the petitioner in the complaint"
Court's Reasoning
Without any allegations, petitioner cannot be drawn into the web of crime
State's Burden
Must place on record evidence indicating direct involvement by Jan 21
PIL Background
Alleged large-scale encroachment of public land and rajakaluve construction
Legal Status Shift
From PIL respondent to accused under criminal statute
Section 192A - Karnataka Land Revenue Act, 1964
Prescribes imprisonment and fine for unlawful occupation of government land
Express InfoGenIE
The court, however, said, “A perusal at the complaint would prima facie indicate no allegations against this petitioner. Without any allegations, the petitioner cannot be drawn into the web of crime, unless the learned Special Public Prosecutor would place on record something to indicate that the petitioner is directly involved in certain acts, on the next date of hearing.”
The order, therefore, held that “investigation qua the petitioner shall remain stayed, till the next date of hearing”.
The matter would come up on January 21.
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Background
Ravi Shankar was arraigned as a respondent in the PIL, and was subsequently named as an accused in a case registered last year under Section 192A of the Karnataka Land Revenue Act, 1964, which prescribes imprisonment and fine for unlawful occupation of government land.
The FIR in question was registered by the BMTF following directions issued in a public interest litigation before the high court.
The PIL had alleged large-scale encroachment of public land, including construction over a rajakaluve (storm water drain connecting lakes) in areas falling under Kaggalipura Village, Uttarahalli Hobli, Bengaluru South Taluk.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
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