The Karnataka High Court on Thursday raised doubts about the maintainability of a petition seeking to transfer the sedition case registered against 19-year-old student Amulya Leona, to the National Investigation Agency (NIA), from the state police, LiveLaw.in has reported.
A bench of Chief Justice Abhay OKa and Justice Nataraj Rangaswamy, while hearing the petition filed by advocate H L Vishala Raghu, asked "What is so special that investigation should be transferred to NIA?"
Advocate Pavana Chandra Shetty H, appearing for the petitioner, argued that the state has not investigated the case properly and has not filed charge sheet within the 90 days as per section 167 of CrPC, because of which the accused has got default bail.
In response, the bench asked "Is this the only case where state has not filed charge sheet within the stipulated period, there are cases and cases?"
"Can the bail granted for not filing charge sheet within statutory period of 90 days be cancelled?"the bench asked further.
Amulya was arrested on February 20, under section 124-A, 153 (A), 153-B, 505 (2) of Indian Penal Code, for allegedly raising pro- Pakistan slogans at a gathering held to protest against CAA, NRC and NPR.
On June 10, after being in custody for over 100 days, she was released on default bail by the Magistrate court.
The plea states that as the offences alleged against the student are serious in nature and are concerning the peace and integrity of the nation, the investigation has to be handed over to the NIA.
The advocate argued before the court that "This is a serious matter against the country, slogan against the country is very serious."
To which the bench said "Accused has the indefeasible right to be released on bail if chargesheet is not filed within stipulated period. Which law says that bail can be cancelled?"
The court due to paucity of time has adjourned further hearing on the petition to July 20.