Why Did the HC Shield Karnataka Cricket Body Officials from Coercive Action While Denying Relief to RCB Marketing Chief?

Bengaluru, June 6 (NationPress) The Karnataka High Court has granted protection from coercive measures to the office-bearers of the Karnataka State Cricket Association (KSCA), who were at risk of arrest linked to the tragic stampede near Chinnaswamy Stadium during a ceremony honoring the RCB, which resulted in the loss of 11 lives.

In a separate matter, the court addressed a petition submitted by Malavika Naik, challenging the detention of her spouse, Nikhil Sosale, the Marketing Head for Royal Challengers Bengaluru (RCB). The high court postponed the proceedings to June 9 without offering any reprieve from his arrest.

Justice S.R. Krishna Kumar, presiding over the case aimed at dismissing the FIRs against KSCA officials, issued a provisional order, instructing law enforcement not to take any coercive steps against KSCA's President, Raghuram Bhat, Secretary A. Shankar, and Treasurer E.S. Jayaram.

Despite this, the court indicated that the investigation into the incident could continue and urged KSCA officials to cooperate, reminding them not to exit the court's jurisdiction.

The Advocate General K. Shashi Kiran Shetty, representing the state, asserted that only essential arrests were being conducted following the filing of FIRs.

Senior counsels for the KSCA officials requested the annulment of FIRs against their clients. They contended that Chief Minister Siddaramaiah had personally ordered the arrest of RCB franchise members and KSCA officials, arguing that proper legal protocols were not adhered to during the arrests.

They further claimed that new FIRs were being filed against KSCA officials and sought protective measures. They stressed that Sosale was apprehended at 4:30 a.m. by the police, which they argued was unlawful. Additionally, they noted that the complainant in the case, the Police Inspector of Cubbon Park, had been suspended.

The bench questioned the legality of the arrests, emphasizing that an FIR must precede arrests, which is legally sound. It also inquired about the investigations into the stampede being conducted by three separate bodies: a magisterial probe, a judicial inquiry led by a retired High Court judge, and a CID investigation. The Advocate General confirmed the involvement of all three agencies.

The bench noted that making arrests without substantial evidence would be inappropriate.

The KSCA filed a writ petition on Friday, contesting the state government's decision to file FIRs against its officials regarding the stampede, arguing that the government is attempting to divert blame to evade public backlash.

In their writ, the KSCA asserted that the issuance of FIRs against them and the arrest orders from Chief Minister Siddaramaiah during a press conference are unlawful.

They argued that the state government organized the felicitation event at Vidhana Soudha and invited fans to attend.

Moreover, the KSCA contended that managing crowd control was not their obligation.

They claimed that by suspending police officers, the government has acknowledged its failings and is now casting blame to protect its reputation and that of its ministers.

The writ also pointed out that CM Siddaramaiah and Deputy Chief Minister D.K. Shivakumar were actively involved in the felicitation event at Vidhana Soudha, with Shivakumar even greeting players at HAL airport.

The KSCA maintained that it is responsible solely for cricket-related matters, while the responsibility for crowd management at Chinnaswamy Stadium lies with the RCB and law enforcement.

In the meantime, social activist Snehamayi Krishna has filed a petition with the Chief Justice of Karnataka, demanding that based on the FIR lodged at the Cubbon Park police station, responsible police officials, CM Siddaramaiah, and Dy CM Shivakumar should be named as accused, and legal action must be initiated against them to ensure an impartial investigation. He has also requested that the Chief Justice oversee the investigation.