BENGALURU: The Karnataka High Court on Friday directed the city police not to take coercive steps against three office bearers of the Karnataka State Cricket Association (KSCA) if they cooperate with the investigation or inquiry in connection with the 11 deaths owing to stampede at Chinnaswamy stadium during RCB victory celebrations.
Justice S R Krishna Kumar passed the interim order and also issued notice to the city police after hearing the petition filed by all three accused office bearers of KSCA questioning the First Information Reports (FIRs) registered against them by the city police.
The accused were Raghuram Bhat, president, A Shankar, Secretary and E S Jairam, Treasurer of the KSCA. They alleged that the criminal proceedings against them are totally an abuse of the process of law and the chief minister has issued a dictum for arrest which is not their domain, they alleged while praying the court to quash the proceedings against them.
The court imposed the condition that the accused should not leave the jurisdiction of the court without prior permission of the court.
The counsels for the accused argued that the multiple First Information Reports (FIRs) have been registered on the same incident, which is not permissible in law, and hence all further proceedings are illegal, arbitrary and liable to be quashed. These were registered after the decision taken in the cabinet and following the directions of the Chief Minister.
The counsels have also submitted that their government ordered a magisterial probe and appointed a Commission of Enquiry to probe the incident and also the offences invoked against the accused do not disclose the ingredients in the complaint.
The high court also ceased the matter by registering the suo moto public interest litigation. Moreover, the petitioners are ready to cooperate with the investigation and the situation will be irreversible if the petitioners are arrested and their personal rights and liberty will be affected, the counsels for the accused argued.
Strongly opposing the prayer of the accused persons, Advocate General K Shashikiran Shetty said that the ongoing investigation and inquiry will be affected if the interim order is passed as prayed by the accused persons.
"Let them apply for anticipatory bail if there is the threat of arrest and not seek the relief under Section 482 which is meant for quashing of the proceedings," he argued.
Further hearing was adjourned to June 16.
HC to pass order on Nikhil Sosale's plea against arrest on June 9
Meanwhile, the counsels for Nikhil Sosale, Marketing and Revenue Head of Royal Challengers Sports Private Limited (RCSPL) submitted that his arrest was illegal as the First Information Report (FIR) was registered by the police inspector of Cubbon Park who has been suspended by the state government, that too based on the directions of the state government.
The FIR cannot be registered without there being any materials. The Charge police officer cannot arrest the accused and hence the arrest is illegal, the counsels argued.
The Advocate General submitted that all the FIRs have been transferred to the Criminal Investigation Department (CID) for the probe. The arrest of the accused was by the Station House Officer of the Ashok Nagar, who is the incharge of Cubbon Park police station. The accused was arrested at 4.30 am while he was attempting to abscond from the country, he argued.
The court adjourned the hearing to June 9 to pass the order.
