Daijiworld Media Network-Bengaluru (RJP)

Bengaluru, Apr 8 : The state High Court (HC) on Friday April 7, directed the National Investigation Agency (NIA) to continue its investigation into the murder of RSS worker R Rudresh. The division bench of HC passed the order after ministry of home affairs had filed an appeal.

Rudresh was hacked to death by motorbike-borne men near Commercial Street on October 16, 2016. Four arrests have been made so far relating to the murder. .

Two of the accused, Mohammed Tahir and Asim Shariff, had moved the court challenging the NIA probe into the murder. They contended that the central government had gone beyond law and referred the matter to the NIA by invoking sections of the NIA Act, 2008, Suo Moto, which otherwise demands cogent material to justify terrorist act.

R Rudresh

A single judge bench had quashed the NIA probe into the murder earlier citing the ground that the accused had not committed anything under the ‘scheduled offences’ of the NIA Act. The 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 ordered that the NIA continue with the investigation. The bench also ordered notice to the accused as well as the Commercial Street police and the NIA.

The bench also 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 Moto 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 is vested with powers to Suo Moto direct the NIA to investigate any case involving scheduled offences.” NIA argued.

The next hearing stands adjourned to April 13.