Bengaluru: HC upholds warrant to search SPDI offices

Bengaluru: Karnataka High Court upheld the order that issued warrants to search the offices of Social Democratic Party of India (SPDI) in relation to cases registered over the DJ Halli and KG Halli riots in the city last year. The order was passed by passed by the Special court of NIA.

The city police registered FIRs under various provisions of Prevention of Damage to Public Property Act and Unlawful Activities (Prevention) Act, 1967, following the case was transferred to the CCB. During the probe, CCB arrested several people and recorded their voluntary statements. Later the cases were handed over to the National Investigation Agency (NIA).

The city police have registered FIRs under the various provisions of Prevention of Damage to Public Property Act and Unlawful Activities (Prevention) Act, 1967, and later, the same were transferred to the CCB. During the course of the investigation, the CCB arrested several persons, and recorded their voluntary statements. Then the cases were handed over to the National Investigation Agency.

Justice Suraj Govindaraj, who dismissed the petition filed by SPDI questioning the Special Court’s order. said that the petitioner does not make any allegation regarding the search being proper or improper.

The judge informed that the only contention of the petitioner is as regards of search being issued improperly without application of mind.

On raid, search, seizure the judge said that a perusal of mahazar report states that all requirements of carrying out the search have been compiled with.

The judge noted that a search warrant could be issued in terms of Section 93 (1) (c), without issuing summons under Section 91 of the CrPC.

Hoping to cancel the order, issuing warrant to search under Section 93 of the CrPC  passed by 49th Additional City Civil and Sessions Judge on August 31,2020 in elation to the riots that took place on August 11, 2020, SPDI moved to High Court.