In his petition, Sosale questioned the legality of his June 6 early morning arrest. He alleged that the police action was influenced by political directives
The court also reserved its order on his petition till June 11. Pic/ AFP
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 here.
The court also reserved its order on his petition till June 11.
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.
In his petition, Sosale questioned the legality of his June 6 early morning arrest. He alleged that the police action was influenced by political directives.
The single-judge bench of Justice S R Krishna Kumar heard arguments from both Sosale's 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).
"They 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," Chouta argued, citing Section 55 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
"Ultimately, 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," 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.
"The 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," the judge questioned.
Chouta pointed to the inconsistencies in the timeline and questioned the basis of the arrests.
"The first arrest of a freelancer named Shamant was made at 3 am by the Ashok Nagar Police. Sosale was arrested at 3.30 am by the CCB. Two more arrests followed at 4 am. Then, five police officials were suspended. What legal process authorised CCB to step in," he questioned.
He also argued that Sosale and the others arrested had no clear role mentioned in the FIR.
"The FIR just refers to 'entities.' There's no naming of individuals. So are all members of RCB, KSCA, and DNA fair game for arrest now? There are no ingredients of the offence present. It seems arbitrary and selective," Chouta said.
He further submitted that Sosale was not provided with mandatory documents at the time of arrest, which he claimed violated due process.
On the state's side, Special Public Prosecutor B A Belliyappa appeared along with Additional Public Prosecutor B N Jagadeesha, who said the prosecution would produce documentation to justify the CCB's involvement.
"The detention was on June 6. We are compiling a detailed timeline showing how CCB was roped in through orders by a superior officer. It's all in black and white," Jagadeesha told the court.
The judge responded that he would examine whether the legal process between the night of June 5 and the morning of June 6 substantiates the state's claim.
Advocate General Shashi Kiran Shetty, representing the state government, sought time to argue the matter.
When Chouta sought interim bail for Sosale, the AG opposed the plea, stating that the state's full response would be presented the following day.
Justice Krishna Kumar recorded that the petitioner's counsel had been heard in full and posted the matter for further hearing to June 11.
The hearing also touched upon the larger context of the incident, including political developments and administrative actions following the tragedy that claimed 11 lives and injured dozens.
The court also noted the mention of a suo motu PIL related to the incident, which has been adjourned to June 12.
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