Bengaluru Stampede | Did CM Say “Accused Shall Be Arrested'? Karnataka High Court Asks State In RCB Marketing Head's Plea Challenging Arrest

While hearing RCB's marketing head Nikhil Sosale's plea against his arrest in connection with a stampede near Chinnaswamy stadium ahead of the team's 2025 victory celebration, the Karnataka High Court on Monday (June 9) orally asked the State to inform whether the Chief Minister Siddaramaiah had declared that the accused shall be arrested. During the hearing Sosale's counsel argued that on June 5 the probe was transferred from Central Crime Branch to CID and in the early hours of June 6 Sosale was arrested; the probe having been transferred Sosale could not have been arrested by the police. It was also argued that the Chief Minister cannot give directions to arrest. The court however orally asked the State to respond to whether the "Chief Minister use any word that accused shall be arrested" and whether the Central Crime Branch had the power to arrest the petitioner. The advocate general appearing for the State submitted that he shall verify and respond to the same. After hearing the parties for some time, Justice SR Krishna Kumar in his order dictated, "Petition filed by Nikhil Sosale to be heard tomorrow". Arrest not based on inquirySenior advocate Sandesh J Chouta appearing for Sosale said, "the question is whether the arrest was legal or illegal. It has happened not based on any inquiry. In our cases arrest has taken at 4.30 am and not by Cubbon park but by CCB at the airport. Since I am saying that this arrest has not happened on the basis of any investigation but on orders of the CM".Chouta referred to the sequence of events of the incident and said, "No one had any mens rea in the stampede and it is completely absent in this case. Deputy CM received the IPL team at the Airport. Felicitation took place at Vidhana Soudha and nothing happened. Following which the team went to the stadium". He submitted that the RCB team arrived at Chinnaswamy Stadium with Deputy Chief Minister of Karnataka and the event concluded after knowing about the incident outside. He further said, "After directing inquiry by Urban Deputy Commissioner, the HC took suo-motu cognizance of matter on June 5. After that FIR was registered. By virtue of Government order investigation was transferred to CID on June 6". At the court's query Chouta informed that Sosale has been arrested in FIR No. 123 at 4.30 am registered at Cubbon Park police station on June 6. He further submitted that the State had informed the High Court in the suo-motu proceedings that cases were transferred to CID on June 5.Meanwhile Advocate General Shashi Kiran Shetty appearing for the State submitted, "In the entire petition these pleadings are not made at all. These are new pleadings. I need to seek instruction". The court however orally asked, "The fact of transfer to CID is not disputed?" The advocate general however said that he will have to take instructions on the grounds that the petitioner was urging. The court however said, "When (at) 2.30 pm the PIL was taken up you made a statement...So let him (Chouta) develop the arguments. The argument is that at time of arrest CID was investigating.You have admitted it is transferred in afternoon before HC. You will have to now find out". The advocate general however said that the order of transfer and how it is done will have to be brought on record, adding that there is a difference between transfer and handing over investigation to CID.The court however said that the point that Chouta was making is that having transferred investigation to CID, Cubbon park police could not have arrested the petitioner. Chouta then said, "At 2.30 pm on June 5, the Cubbon Park did not have power to arrest. Around 9pm decisions are taken by the Chief Minister. Decision is taken to arrest officials (of) RCB, DNA and KSCA". Chouta further argued that a Press meet was held and these decisions were convened, and the same has appeared in both electronic and print media.'If there is an FIR can CM not say that arrest will be made?'The court however asked at this stage, "But tell me if there is an FIR can the CM not say that arrest would be made? Is there anything wrong? He cannot even use the word arrest?"Chouta said that the CM could not have said so, adding "Right from 1947 privy council has said investigation is discretion of investigating officer".The court then orally said, "At best the CM could say that accused would be arrested in accordance with law".Chouta said that such directions cannot be given by the Chief Minister, and the same would be "illegal".The court thereafter asked if it is permissible for Central Crime Branch to arrest after investigation was transferred to the CID?Chouta said that "CCB is a separate entity". The court said, "So the Ashok Nagar PS could not have asked the CCB to arrest. The very request made to CCB to arrest is bad in law". Chouta thereafter said, "Yes. They arrested me at the Airport when travelling with my wife, no documents of arrest were given to me at the time of arrest. We have filed affidavit...

Bengaluru Stampede | Did CM Say “Accused Shall Be Arrested'? Karnataka High Court Asks State In RCB Marketing Head's Plea Challenging Arrest

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