Karnataka HC Division Bench ‘Restores’ NIA Probe Into RSS Leader Murder [Read Judgment]

A division bench of Karnataka High Court has set aside a single bench order that had quashed the Union Home Ministry’s order entrusting the probe of RSS leader murder case to the National Investigating Agency.

Rudresh, the RSS leader, was hacked to death by two men on a motorbike in broad daylight on October 16, 2016. The Home Ministry order initiating NIA probe was quashed by the single bench of the high court. Union of India filed an appeal before the division bench.

A division bench of Justice HG Ramesh and PS Dinesh Kumar, referring to the Statement of Objections filed by the Central Government and the file notings, observed that though the state government had not sent any report to the Central Government, the communication sent by the Commissioner of Police, was on the file of the Home Ministry and the same was considered and the Home Ministry's notings clearly refers to the communication sent by the Commissioner of Police.

“The view taken by the Hon'ble Single Judge amounts to substitution of Executive's opinion and therefore, not sustainable,” the bench observed.

The bench further observed: “Home Ministry, based on the communication by the Commissioner of Police, had on its record, the inclusion of offences under UA Act in Crime No.124/2016. Though requested, the State Government did not send their report. Notings in the Ministry's file indicate that it had sufficient material to notice that 'scheduled offences' were included in the case. The file has received consideration at various levels in the Ministry as also from Minister of State and the Union Home Minister. When the Home Ministry's order is examined by applying the parameters mentioned in the judgment of the Hon'ble Supreme Court in the case of Heinz India (P) Ltd., supra, it would lead to an irresistible inference that, the exercise of power by the Home Ministry does not suffer from any legal infirmity. We say so, because, Legislature has conferred upon the Executive, the power to direct NIA to take up the investigation. Facts on record of the Ministry's file do not indicate that, the decision-making process is faulty in any manner.”