7 months ago
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The High Court of Karnataka connected Thursday stayed the probe based connected the First Information Report (FIR) registered successful July connected a ailment of alleged wide burial of bodies of sexually assaulted women successful Dharmasthala based connected a “voluntary” connection fixed by a idiosyncratic by sanction Chinnaiah.
Curiously, the enactment bid was passed connected the petition filed by 4 activists -– Girish Mattennavar, Mahesh Shetty Thimarody, T. Jayant, and Vittala Gowda -- who are astatine the forefront of a run for registration of transgression lawsuit connected the allegation of burials, and for constitution of a Special Investigation Team (SIT).
The SIT had precocious issued announcement to them nether Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, suspecting them to person indulged successful cognisable offence successful projecting a mendacious case, alternatively of treating them arsenic witnesses arsenic done earlier.
Registration of FIR ‘illegal’
Advocate S. Balakrishnan, appearing for the petitioners, contended that the registration of the FIR itself was “illegal” arsenic the offences alleged successful the ailment filed, based connected the statements of Chinnaiah (who was earlier treated arsenic “protected witness” and arraigned arsenic an accused now) had disclosed lone non-cognisable offence, and the constabulary could not person registered the FIR without the support from the magistrate.
When Additional State Public Prosecutor B.N. Jagadeesha pointed to the tribunal that the constabulary had registered the FIR lone aft taking support from the magistrate, different advocator Deepak Khosla, besides appearing for the petitioners, said that though the magistrate had granted permission, it was “not a speaking order” successful presumption of the Supreme Court’s judgments. Hence, it was not enforceable successful the eyes of the law.
Chinnaiah’s retraction
Meanwhile, Mr. Jagadeesha pointed retired to the tribunal that the petitioners themselves had spearheaded the question for registering FIR too giving structure to Chinnaiah. He besides pointed retired that Chinnaiah, successful his confession statement, had admitted that accusation initially fixed by him connected wide burial was mendacious and that helium had acted connected the proposal of the petitioners and others.
Mr. Balakrishnan besides said that this was the ninth announcement to the petitioners since registration of the lawsuit and they answered questions for astir 150 hours successful the bureau of the SIT earlier portion besides challenging the contiguous announcement issued to them done WhatsApp.
However, Mr. Jagadeesha told the tribunal that earlier notices fixed to petitioners were arsenic witnesses and the contiguous announcement was issued treating them arsenic accused, based connected the confession connection of Chinnaiah, who was moving arsenic a sanitary idiosyncratic successful Dharmasthala betwixt 1995-2014.
The Additional SPP besides clarified to the tribunal that though the announcement was issued connected October 24 done WhatsApp, present caller notices person been issued to them successful penning asking them to look for questioning during November archetypal week.
No summoning
Justice Mohammad Nawaz, who heard the arguments, initially ordered that the SIT should not harass the petitioners successful the guise of investigation. Later, the tribunal changed the bid stating that the SIT should not summon the petitioners till adjacent day of proceeding aft Mr. Khosla insisted immoderate protection. Finally, the tribunal stayed probe based connected the FIR aft Mr. Khosla persistently urged the tribunal to enactment notices issued to the petitioner and transgression proceedings.
