Bengaluru, Apr 8: The High Court of Karnataka on Friday directed the National Investigation Agency (NIA) to continue its investigation into the murder of RSS worker Rudresh in Bengaluru.

Two of the accused, Mohammed Tahir and Asim Shariff, had moved the court challenging the NIA probe into the murder contending that the Central government has gone beyond law and referred the matter to the NIA by invoking sections of the NIA Act, 2008, suo motu, which otherwise demands cogent material to justify terrorist act.
Earlier, a single judge bench had quashed the NIA probe into the murder on the grounds that the accused had not committed anything under the ‘scheduled offences’ of the NIA Act.
The single judge bench had said that the Central government had no basis to arrive at an opinion that the accused had committed ‘scheduled offences’.
Hearing the appeal filed by the Ministry of Home Affairs, a division bench comprising Chief Justice Subhro Kamal Mukherjee and Justice P S Dinesh Kumar on Friday ordered that the NIA continue with the investigation, and ordered notice to the accused as well as the Commercial Street police and the NIA.
The bench said that the outcome of the case is subject to the result of the writ appeal.
The NIA has argued that it can take up suo motu investigation if the case is a threat to the unity of the country, national integration and security. The provisions of NIA Act, 2008, make it amply clear that the Central government has been vested with powers to suo motu direct the NIA to investigate any case involving scheduled offences.
The bench has adjourned the next hearing to April 13.



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