HC Shields Karnataka Cricket Body Office Bearers From Coercive Action, Refuses Relief To RCB Marketing Head

HC shields Karnataka cricket body office bearers from coercive action, refuses relief to RCB marketi (Image Source: IANS)

The Karnataka High Court: The Karnataka High Court on Friday provided relief from coercive action to the office-bearers of the Karnataka State Cricket Association (KSCA), who were facing the prospect of arrest in connection with the stampede near Chinnaswamy Stadium during a felicitation programme for the RCB, in which 11 persons were killed.

Meanwhile, taking up the petition filed by Malavika Naik, questioning the arrest of her husband Nikhil Sosale, the Marketing Head of Royal Challengers Bengaluru (RCB), the high court adjourned the matter to June 9 without providing any relief from the arrest.

The single-judge bench of Justice S.R. Krishna Kumar, hearing a petition seeking the quashing of FIRs against the office bearers of the KSCA, passed an interim order, directing the police not to initiate any forceful action against the KCSE's President, Raghuram Bhat, Secretary A. Shankar, and Treasurer E.S. Jayaram.

However, the court opined that the investigation into the case could be continued and asked the KSCA office-bearers to cooperate and not to leave the court's jurisdiction.

Advocate General K. Shashi Kiran Shetty, representing the state, submitted that only necessary arrests are being made following the lodging of FIRs.

The senior counsels representing the KSCA office bearers demanded that the FIRs against their clients be quashed. They submitted that Chief Minister Siddaramaiah himself had given directions to arrest the RCB franchise representatives and KSCA office bearers, and also argued that the due legal procedure was not followed while making arrests.

They further submitted that new FIRs were being lodged against KSCA office bearers and that they needed protection. They highlighted that Sosale was taken into custody at 4.30 a.m. by the police, which, they claimed, was against the law. They also pointed out that the complainant in the case, the Police Inspector of Cubbon Park, had been suspended.

The bench questioned how the arrests in the case could be against the law, stating that an FIR is lodged first, and then arrests are made, which is lawful. It also questioned the Advocate General about the investigation into the stampede case being conducted by three agencies simultaneously: a magisterial probe, a judicial probe by a retired High Court Judge, and an investigation by the CID. The Advocate General agreed that three agencies were probing the incident.

The bench noted that making arrests without evidence would not be correct.

The KSCA had filed a writ petition with the High Court on Friday, challenging the state government's decision to file an FIR against the association's office bearers for the stampede and claiming that the government is trying to shift the blame onto them to escape public outrage.

In its writ, the KSCA submitted that the filing of an FIR against them and Chief Minister Siddaramaiah's issuance of arrest orders at a press conference are against the law.

It argued that the state government organised the felicitation event at Vidhana Soudha and called for fans to participate.

Furthermore, the KSCA claimed that crowd management is not its responsibility.

It alleged that by suspending police officers, the government has acknowledged its mistakes and is now making allegations to safeguard its own image and that of its ministers.

The writ petition also highlighted that CM Siddaramaiah and Deputy Chief Minister D.K. Shivakumar were themselves at the forefront of the programme held at Vidhana Soudha to felicitate RCB players, with Shivakumar even receiving the players at HAL airport.

The KSCA asserted that it only manages matters related to cricket games, while the responsibility of crowd management at the gates of Chinnaswamy Stadium lies with the RCB and the police.

The writ petition also highlighted that CM Siddaramaiah and Deputy Chief Minister D.K. Shivakumar were themselves at the forefront of the programme held at Vidhana Soudha to felicitate RCB players, with Shivakumar even receiving the players at HAL airport.

Article Source: IANS