The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has dismissed the petition challenging the union government’s decision entrusting Shivamogga Bajarang Dal activist Harsha murder case investigation to the National Investigation Agency (NIA).
A division bench comprising Justices Sreenivas Harish Kumar and JM Khazi noted that the question as to whether the sanction order was issued without applying mind or is invalid for any other reason, has to be thrashed out by the trial court after recording evidence.
The petition was filed by Roshan A (accused number 7 in the case), a resident of Shivamogga.
The petitioner along with the other accused are facing trial for the offences under IPC sections 143, 201, 204, 212, 302, 341 and sections 16, 18, 19 and 20 of Unlawful Activities (Prevention) Act (UAP). Bajrang Dal activist Harsha was murdered February 20, 2022 and initially an offence under IPC sections 302 (murder) read with section 34 were taken up.
On March 21, 2022, the union government directed the NIA to take up investigation and the agency invoked provisions under the UAP Act.
It was contended on behalf of the petitioner that provisions under the UAP Act were invoked on the guise that a terrorist act had been committed. It was further submitted that entrustment of investigation to the NIA under section 6(5) of the NIA Act was without any application of mind. It was also stated that in the case at hand the intention was to harass the minority community.
On the other hand, the central government argued that the intention of the accused was to strike terror in a section of society and hence invoking UAPA and entrusting the investigation to NIA was justified.
After perusing the material, the court noted that the union government had recorded satisfaction. “Terrorism has no territorial bounds; though it has nothing to do with any particular religion, if terrorist activities are perpetrated by fanatics to achieve religious supremacy decrying the other religions and thereby pose a threat to integrity, unity and stability of the nation, people of such mind set have to blame themselves if they get into trouble,” the bench said.
The bench also noted that in the file submitted by the officer of the NIA, there is a list of statements of witnesses and other materials placed before the sanctioning authority besides the report of the independent authority which has recommended for according sanction.
“If according to the petitioner, the sanction order was issued without applying mind or is invalid for any other reason, the same has to be thrashed out by the trial court after recording evidence. This is not a case of absence of sanction. Therefore this contention also fails,” the bench said.