NIA probe into Rudresh murder quashed; city cops will investigate

The Karnataka High Court on Tuesday quashed the National Investigation Agency’s (NIA) probe into the murder case of RSS worker Rudresh. 

Justice John Michael Cunha set aside the order of the Union government which had empowered NIA to investigate the murder.

The accused Asim Shariff and Irfan Pasha had moved the court challenging NIA’s probe into the murder investigation contending that the Union government has gone beyond law and has referred the matter to NIA by invoking sections of NIA Act, 1980 suo motu, which otherwise demands cogent material to justify a terrorist act.

Though the judge quashed the NIA probe, he directed the Commercial Street police to continue with the investigation under provisions of the Unlawful Activities (Prevention) Act (UAPA), 1967.

Justice Cunha rejected the petitioners’ plea not to extend the investigation period to 180 days.

The judge in his order said, “...much before the Central government authorised the NIA to investigate the ‘alleged offences’, the Inspector General, NIA had collected information about the case.”

The order said the information furnished by the Bengaluru police commissioner to the Centre had only intimated the provisions under which the FIR was filed. Besides this, the commissioner had not produced any documents or evidence to show either the involvement of the petitioners. Material collected by the IO did not indicate any ‘scheduled offences’ mentioned under the NIA Act.

Apart from the letter, the Centre had no basis to arrive at an opinion that the accused had committed scheduled offences.

Further, Justice Cunha says the order passed by the Centre has serious consequences on the rights and liberties of petitioners.

The Union government was required to comply with Section 6(5) of the NIA Act, 2008 (investigation of scheduled offences). The order said the Centre passed the order without application of mind and no regard for provisions of the NIA Act.