BENGALURU: The Karnataka High Court on Tuesday said that the Special Court for National Investigating Agency (NIA) cases has jurisdiction to try offences coming under both the IPC and the Unlawful Activities (Prevention) Act (UAPA). Passing the order rejecting the petition filed by Mohammed Shariff, an accused in the 2020 DJ Halli and KG Halli riots in the city, Justice M Nagaprasanna said the concerned court shall regulate its procedure to consider the expeditious disposal of the cases before it in relation to the incident.
The petitioner questioned the cognisance of the offences taken by the Special Court against several accused, including Shariff, under the UAPA, IPC and Prevention of Damage to Public Property Act.
The counsel of the petitioner, who is accused no. 25, would contend with a vehemence that the order of the Special Court bears no application of mind as there are no allegations against him that would touch upon offences punishable under the UAPA.
At best, the petitioner can be said to be alleged of offences punishable under the IPC and there cannot be any offence that can be alleged under the UAPA. Therefore, the petitioner has to be tried by the jurisdictional court, either the magistrate or the Sessions judge. Conducting a trial by the NIA court is contrary to law, the counsel argued.
In counter, the NIA’s counsel would contend that the acts of the petitioner along with others clearly come within the definition of ‘Terrorist Act’ as defined under Section 15 of the UAPA and the NIA Court has the jurisdiction to try the offences under IPC and UAPA.
According to the NIA, the petitioner’s call records are placed as a document on the chargesheet. The probe established the petitioner coordinating with the movements and activities of the other accused. He was in constant touch and was meeting participants who conspired to carry out the violent attack on police personnel.