RSS worker murder case: Karnataka HC dismisses appeal filed by accused

BENGALURU: The Karnataka High Court dismissed the appeals filed by two accused in the RSS worker Rudresh murder case questioning the rejection of their bail pleas by the Special Court for NIA Cases in the city.

The accused Irfan Pasha and Mohammed Mujeeb Ulla have challenged the order passed by the Special Court rejecting their bail petitions on April 21, 2021. The accused were booked under the provisions of the IPC, Arms Act and Unlawful Activities (Prevention) Act in relation to the murder of Rudresh on October 16, 2016, in Shivajinagar.

While dismissing the appeals, a division bench of Justice K Somashekar and Justice Shivashankar Amarannavar observed that the contention of the counsel for the appellants that individuals who are not members of the banned organization cannot be prosecuted for offenses under the UPA Act does not hold any substance.

"There was no animosity between accused and deceased Rudresh. The alleged act of murdering the deceased has been committed with an intention to create terror in the mind of members of RSS, as per the prosecution." the court said while asking the trial court to expedite the trial. 

It added that "Considering all the charge sheet material, the trial court rightly came to the conclusion that there is a prima facie case against the accused persons to show their involvement in the crime. Therefore, as per the provisions contained under Section 43(D)(5) of the UAP Act the accused persons facing charges under the provisions of the said Act are not entitled to bail unless the court comes to the conclusion that there is no prima facie case against them." 

The appeal of ISIS activists was also rejected:

The division bench also dismissed the appeal filed by ISIS activist Irfan Nasir against bail rejected by the Special Court for NIA cases on July 28, 2021. Based on a case registered by the NIA in Delhi in March 2020, the accused was arrested. The investigation revealed that pro-ISIS activities are active in Bengaluru, in identifying and radicalizing gullible Muslim youth, recruiting, raising funds, and facilitating their visit to Syria, illegally via Turkey, for joining and fighting for ISIS.