BENGALURU: The High Court upheld the order passed by the Special Court for NIA Cases, which issued warrants to search the offices of Social Democratic Party of India (SDPI) in relation to cases registered over the DJ Halli and KG Halli riots in the city last year. Dismissing the petition filed by SDPI questioning the Special Court’s order, Justice Suraj Govindaraj said that the petitioner itself does not make any allegation as regards the search being proper or improper.
“The only contention of the petitioner is as regards the order of search being issued improperly without application of mind. The raid, search, seizure has not been impugned in these proceedings. A perusal of the mahazar report indicates that all the requirements of carrying out the search have been complied with,” the judge said. The judge also noted that it is not required in all circumstances to issue summons prior to issuance of a search warrant.
A search warrant could be issued in terms of Section 93(1)(c), without issuing summons under Section 91 of the CrPC, he said. The SDPI moved HC, praying to quash the order passed by the 49th Additional City Civil and Sessions Judge on August 31, 2020, issuing warrants to search under Section 93 of the Criminal Procedure Code and consequent mahazars carried out in pursuance of the said search at its various offices, in relation to the riots that took place on the night of August 11, 2020.
The city police have registered FIRs under the various provisions of Prevention of Damage to Public Property Act and Unlawful Activities (Prevention) Act, 1967, and later, the same were transferred to the CCB. During the course of the investigation, the CCB arrested several persons, and recorded their voluntary statements. Then the cases were handed over to the National Investigation Agency.