High Court dismisses petition seeking cancellation of chargesheet

Bengaluru: The High Court has dismissed the petition filed by the accused who were responsible for the riots seeking to quash the charge-sheet filed by the NIA, which had investigated the riots that took place in KG Halli and DJ Halli, Bangalore on August 11, 2020. The accused Mohammed Khaleel and others filed an application with HC seeking to quash the charge-sheet and the ongoing investigation in the special court regarding the alleged loss of public property. The order was passed by a bench headed by Justice M Nagaprasanna on Tuesday who dismissed the petition.

The accused stated in the petition that the statements recorded by the CCB police and those recorded by the National Investigation agency are completely different in the facts regarding the case. The accused said that the investigation conducted by NIA is just a pretence. If the allegations of the petitioner are true, then the investigation is essential and the court dismissed the petition and ordered.

Also, at this stage, the court is not allowed to examine and take into account the witnesses. The High Court opined that if the investigation was not conducted properly, it cannot be said that the investigation was inadequate.

However, all applicants have the right to submit their documents and defend themselves. During the trial, the lawyer for the petitioner, contended that the NIA, which investigated the case, concealed some facts and brought them into enquiry. Because of this, the petitioners are not enabled to show themselves as innocent.

He said the Prevention of damage to public property act does not apply to the case: Also, the charge against the petitioners is applicable to various sections of the Indian Penal Code. However, the NIA booked them under the unlawful activities prevention act (UAPA) and the Prevention of damage to public property act. The counsel argued that based on these grounds the charge sheet should be dismissed.

NIA advocate P Prasanna Kumar argued that although the case comes under jurisdiction of special court, the petitioners seeking to try it in the high court. According to the charge sheet, it could be known that all the accused were booked under the Prevention of activities prevention act. In addition, at least four people lost their lives in the incident. Hence the court should dismiss the application of the petitioner.

Background of the case is that Naveen, a relative of Pulakeshi Nagara MLA Akhand Srinivas Murthy, had shared a picture and text in Facebook which said to be disrespecting to Prophet Muhammad . Due to this the locals gathered in large numbers in front of KJ Halli and DJ Halli police station demanded the police to arrest Naveen.

In addition, at this time, the police resorted to quell the mob. Enraged mob burnt more than 30 vehicles and set police station to fire. The mob also ransacked house of MLA A S Murthy and destroyed public properties. The state government handed over the case to NIA , which investigated and submitted charge sheet to NIA special court.