The Karnataka High Court on Tuesday rejected a petition filed by advocate H L Vishala Raghu, seeking to transfer the sedition case registered against 19-year-old Amulya Leona, to the National Investigation Agency.
A division bench of Chief Justice Abhay Oka and Justice H P Sandesh said "Looking into the nature of allegations made in the FIR we do not think that this is a case where extraordinary jurisdiction is to be exercised for transferring the case to NIA. In a writ petition in the nature of Public Interest Litigation it is not possible to consider the prayer enjoining the respondents to apply for cancellation of bail of the accused and to conduct disciplinary inquiry against respondent (investigating officer)."
During a hearing on July 2, the court had observed that "What is so special that the investigation should be transferred to NIA?"
Raising doubts on the maintainability of the petition the court had said "Accused has the indefeasible right to be released on bail if the chargesheet is not filed within stipulated period. Which law says that bail can be cancelled?"
The court in its order noted that on July 22 the petitioner's counsel did not join the video conference hearing and even on a reminder being sent by the Registry the counsel has remained absent from the hearing today.
Amulya was arrested on February 20, under section 124-A, 153 (A), 153-B, 505 (2) of Indian Penal Code, for raising Pakistan Zindabad slogan at a gathering held to protest against CAA, NRC and NPR. After being in police custody for five days she was sent to judicial custody and had been since then in prison. On June 10, she was released on default bail by the Magistrate court.
The petition stated that as the offences alleged against the student are serious in nature and are concerning the peace and integrity of the nation.