NIA can continue probe into RSS man’s murder: High court

The High Court of Karnataka on Monday passed an order allowing the National Investigation Agency (NIA) to continue with its probe into the murder of RSS worker Rudresh.

A division bench comprising Justices H G Ramesh and P S Dinesh Kumar passed the order allowing the writ appeal filed by the Ministry of Home Affairs(MHA).

The court quashed the single judge order directing the handing over of the probe from NIA to the Bengaluru city police on the grounds that no criminal proceedings are adjudicated in the writ petitions. The single judge had earlier quashed the NIA probe into the murder on the grounds that the accused had not committed anything listed under the scheduled offences of the NIA Act.

The order stated that Legislature has conferred the Executive with the power to direct the NIA to take up investigation and the facts on record of the ministrys file do not indicate that the decision making process is faulty in any manner.

The NIA, in the last hearing, had argued that it can take up suo motu investigation if the case was a threat to the unity of the country, national integration and security.

The provisions of NIA Act, 2008, make it amply clear that the Central government has been vested with powers to suo motu direct the NIA to investigate any case involving scheduled offences.

Rudresh, RSS secretary for Shivajinagar unit (Bengaluru), was hacked to death by two men on a motorbike in broad daylight on October 16, 2016. Four of the accused were apprehended on October 27 and another one on November 2 last year.

The High Court of Karnataka on Monday passed an order allowing the National Investigation Agency (NIA) to continue with its probe into the murder of RSS worker Rudresh.

A division bench comprising Justices H G Ramesh and P S Dinesh Kumar passed the order allowing the writ appeal filed by the Ministry of Home Affairs(MHA).

The court quashed the single judge order directing the handing over of the probe from NIA to the Bengaluru city police on the grounds that no criminal proceedings are adjudicated in the writ petitions. The single judge had earlier quashed the NIA probe into the murder on the grounds that the accused had not committed anything listed under the scheduled offences of the NIA Act.

The order stated that Legislature has conferred the Executive with the power to direct the NIA to take up investigation and the facts on record of the ministry’s file do not indicate that the decision making process is faulty in any manner.

The NIA, in the last hearing, had argued that it can take up suo motu investigation if the case was a threat to the unity of the country, national integration and security.

The provisions of NIA Act, 2008, make it amply clear that the Central government has been vested with powers to suo motu direct the NIA to investigate any case involving scheduled offences.

Rudresh, RSS secretary for Shivajinagar unit (Bengaluru), was hacked to death by two men on a motorbike in broad daylight on October 16, 2016. Four of the accused were apprehended on October 27 and another one on November 2 last year.

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