Karnataka High Court upholds MHA order of handing over Shivamogga Bajrang Dal worker’s murder case to NIA

The High Court of Karnataka has upheld the decision of the Union Ministry of Home Affairs (MHA) in handing over to the National Investigation Agency (NIA) the 2022 case of murder of 28-year-old Harsha, an activist of Bajrang Dal.

A Division Bench comprising Justice Sreenivas Harish Kumar and Justice J.M. Khazi passed the order while dismissing a petition filed by Abdul Roshan, an accused in the murder case. The petition had questioned the March 21, 2022, order passed by MHA handing over the investigation to NIA. Harsha was murdered on February 20, 2022.

The Bench pointed out that prosecution was launched after obtaining sanction as per the provisions of the Unlawful Activities (Prevention) Act, and cognisance of offences was taken by following the provisions of the Act.

However, the Bench said “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..”

Published - September 30, 2024 09:25 pm IST