The Karnataka High Court on Tuesday denied interim relief to Nikhil Sosale, marketing head of Royal Challengers Bengaluru (RCB), in the June 4 stadium stampede that claimed 11 lives.
The court also reserved its order on his petition till June 11 and posted a further hearing on a petition initiated by it on the June 4 stampede at the Chinnaswamy stadium on June 12.
The suo-motu petition was heard by acting Chief Justice V Kameshwar Rao and Justice C M Joshi. A former member of the Legislative Council sought to be impleaded in the petition. On June 5, the Karnataka HC had taken cognisance of the stadium stampede event and directed the state government to file a status report.
The stampede occurred when lakhs of RCB fans assembled at Bengaluru's Chinnaswamy Stadium on June 4 to celebrate the franchise's maiden Indian Premier League (IPL) victory after a prolonged wait of 17 years.
All About Today's Hearing
RCB's marketing head Nikhil Sosale was arrested on June 6 by the Central Crime Branch at the Kempegowda International Airport in Bengaluru, when he was about to leave for Dubai.
Questioning the legality of his June 6 early morning arrest, Sosale alleged that the police action was influenced by political directives.
The single-judge bench of Justice S R Krishna Kumar heard arguments from both Sosale바카라s counsel and the state before deciding to pronounce the interim order tomorrow.
Senior Advocate S Chouta, representing Sosale, contended that the arrest was made in violation of procedure, especially since the investigation has already been transferred to the Criminal Investigation Department (CID).
바카라They are saying, as a superior officer, they (CCB) can arrest. But even if that power exists, it must be in writing and communicated at the time of arrest,바카라 Chouta argued, citing Section 55 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
바카라Ultimately, the question is about liberty. Even if the offence is punishable with more than seven years, unless there is credible reason to believe and material on record, you cannot deprive a person of liberty,바카라 he said, referring to a Supreme Court judgment.
The court also sought clarity on the notification transferring the case to the CID and questioned why the CCB suddenly intervened in the investigation.
바카라The problem is, CCB suddenly comes in. All the public knows is that the investigation was handed to CID. Then in the morning, CCB arrests Sosale. What happened in between?바카라 the judge asked.
Next Hearing On June 12
Posting the next hearing on June 12, the court on Tuesday ordered Advocate General Shashi Kiran Shetty to file a reply in a sealed cover.
During the hearing, AG Shetty submitted that he has not yet filed his reply. He said a judicial commission has been constituted, giving a one-month timeline for a report. He also noted that police officers have been suspended.
Shetty requested for a sealed-envelope submission, stating that in the pending bail petitions being heard concurrently, any statements made in the case were being used by the accused.