By Anurag Mishra-
A division bench of Karnataka HC headed by Chief Justice Abhay Shreeniwas Oka and Justice HP Sandesh disposed of the Public Interest Litigation, stating that this is not a case for invoking extraordinary jurisdiction and entrusting it to the NIA for a probe, directing the magistrate court to cancel the bail granted to her or ordering a probe against the investigating officer for alleged delay in filing the charge sheet.
Background:
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 5 days she was sent to judicial custody and had been since then in prison. On June 10, she was released on bail by the Magistrate Court.
Accordingly, the matter was heard by the division bench headed by the Chief Justice and disposed of. The bench also recorded the absence of the counsel of the petitioner while passing the order.
The PIL which was dismissed, contained a plea by Advocate H.L. Vishala Raghu, seeking to transfer the sedition case against Amulya Leona Noronha, 19 Year old college student in the city, to the National Investigation Agency (NIA). The single judge referred the matter to the division bench.
In the petition, Raghu said there is a need to ascertain whether there is an ‘advisory committee’ that was behind Amulya’s speeches and whether it had any links to terror organizations. She was released on bail in June. The state government, meanwhile, has appointed I S Pramod Chandra as Special Public Prosecutor to argue the sedition case registered against Amulya, before the JMFC and sessions courts.