The High Court of Karnataka on Tuesday asked a special court for National Investigation Agency (NIA) cases not to pass order until further orders on the NIA’s plea of seeking custody of the accused persons in the case of murder of Rudresh, a member of Rashtriya Swayamsevak Sangh (RSS).
Justice John Michael Cunha passed the interim order on a petition filed by Asim Shariff, a resident of the city and district president of Popular Front of India (PFI), who has been arraigned as accused number five in the case based on the statements given by the other accused.
The High Court has passed the interim order as the special court was expected to pass order on Wednesday on the NIA’s plea of seeking custody of the accused for their interrogation.
The petitioner has questioned the suo motu decision taken by the Ministry of Home Affairs to handover the probe to NIA in the absence of any recommendation from the State government.
It was contended in the petition that the Commercial Street police, who had initially registered the FIR only under the provisions of the Indian Penal Code, had later invoked provisions of the Unlawful Activities (Prevention) Act merely because “media roared high by giving it a colour of communal killing or terrorist act” though there were no material to establish that the murder had any link to terrorist activities.
Further hearing has been adjourned till February 23.
