Bengaluru: The Karnataka High Court on Monday did not grant interim relief to Nikhil Sosale, head of marketing, RCB, who was arrested on June 6 in connection with the fatal stampede near M Chinnaswamy Stadium, and adjourned the matter for hearing on Tuesday.
The HC restrained police from taking any coercive action against officials of RCB and event partner DNA Entertainment Pvt Ltd till June 12 and posted the matter for further hearing that day.
In his petition, Sosale submitted he was arrested on the directions of the Chief Minister.
RCB and DNA had moved the court challenging the FIR registered against them in connection with the June 4 stampede that occurred during a celebratory event to mark RCB’s maiden IPL triumph a day earlier.
Justice S R Krishna Kumar posted the matter for hearing on June 12.
“There is a gentleman’s understanding — don’t do anything till we take up the matter,” the judge told the state government, warning against unnecessary arrests. The court also noted that the petition involving Sosale, already under arrest, would be taken up separately at 10.30 am on June 10.
On Monday, Sosale’s lawyer submitted before the court that the Central Crime Branch sleuths arrested the RCB official because CM Siddaramaiah ordered his arrest.
The RCB official was arrested at Bengaluru Airport, as he was heading to Dubai, on an FIR filed in the aftermath of the stampede.
Sosale’s petition questioned the legality of his June 6 early morning arrest and alleged police action was influenced by political directives.
Justice Krishna Kumar, hearing the case, focused on key questions around jurisdiction, procedure, and political influence behind the arrest.
Sosale’s counsel, senior advocate Sandesh Chouta argued that the arrest at 4.30 am on June 6 was not backed by any legal basis.
“The first question is, did the chief minister issue a direction to arrest? The second is whether the police officers had the power to arrest Sosale,” Chouta submitted.
He insisted the arrest was made by the Central Crime Branch (CCB), and not by the police unit investigating
the case.
“At the time of arrest, the person being arrested must be informed of the reason and the identity of the arresting officer. None of this was followed,” he contended.
“This arrest has not happened in view of any investigation, but merely because some directions were issued by the chief minister,” Chouta alleged, adding that there was no criminal intent (mens rea) in the incident, which was a celebratory event gone wrong.
Referring to the D K Basu judgment on arrest procedures, Chouta said, “You cannot just pick someone up without informing them of the grounds. My client was with his wife and two-year-old child. His Article 21 rights were violated,” held the petitioner’s lawyer.
Chouta also pointed out that by 2.30 pm on June 5, Karnataka itself had submitted before the court that the investigation had been transferred to the CID, raising doubts over CCB’s jurisdiction.
“How did CCB come into the picture when the case had been transferred to CID? Even the remand application acknowledged that CID was now investigating the matter,” Chouta said.
Advocate General Shashikiran Shetty, representing the state, objected to the wide-ranging arguments, pointing out they went beyond the scope of the original petition.
“None of this is there in Sosale’s pleadings. I need to be put on notice. This 38-page memo is much more than what is in the petition,” he said, adding the state needed time to respond.
When the judge asked whether the chief minister had openly stated that arrests would be made, the AG said he would need to verify and place original records before the court.
Defending the timing of the arrest, Shetty said, “Officials were only doing their job. It’s not like he was having lunch at a restaurant. He was headed to the international airport at 5 in the morning – what are they supposed to do?”
The AG insisted that Sosale’s remand had already taken place, making interim relief unnecessary. “Interim order cannot be more than final order,” he said.
Justice Krishna Kumar also questioned if any prima facie material existed at the time of Sosale’s arrest. Referring to a Supreme Court judgment in the Arnab Goswami case, the judge noted that interim bail can be granted in the absence of such material.
The judge observed: “Forget the CID for a moment – this says Cubbon Park Police handed over the case to Ashok Nagar Police, which then requested the CCB to arrest. The point is, once the matter was transferred to CID, did anyone else have the jurisdiction?”
Royal Challengers Sports Limited (RCSL), owner of RCB, has contended that it has been falsely implicated in the case.
RCSL claimed that it had clearly communicated on social media that only limited passes were available. It also said that even for free passes, pre-registration was mandatory for entry.
It alleged that stadium gates, which were supposed to open at 1.45 pm, were actually opened only at 3 pm, causing a crowd surge.
DNA said in its petition that the incident occurred due to failure of crowd management by the police. It also claimed that most police personnel were posted at the Vidhana Soudha, leaving the stadium understaffed despite a surging crowd.