BENGALURU: The Karnataka High Court turned down the contention of an accused in the killing of Harsha, a cow protection activist and member of the Bajrang Dal, in Shivamogga, that the case was entrusted to the NIA to target members of the minority community.
A division bench of Justices Sreenivas Harish Kumar and JM Khazi passed the order, dismissing the petition filed by Roshan A (28). Roshan, accused No. 7 in the killing of Harsha on February 20, 2022, and other accused are facing trial for offences under provisions of the IPC and UAPA.
The court noted that the petitioner’s contention is fallacious. “Terrorism has no territorial bounds, though it has nothing to do with any particular religion, if terrorist activities are perpetrated by fanatics to achieve religious supremacy decrying other religions and thereby posing a threat to the integrity, unity and stability of the nation, people of such mindset have to blame themselves if they get into trouble,” the court added.
It stated that the initial burden is on the prosecution to establish its case, and if the petitioner or any other accused in this case has the feeling that members of the minority community are targeted though the scheduled offence is not committed, the prosecution witnesses can be discredited in the cross-examination. In other words, it is a matter of trial, therefore arguments based on this ground also fail, the court added.