Political vendetta, alleges Sampath Raj's lawyer on Bengaluru violence chargesheet
Oct 20, 2020
Bengaluru (Karnataka) [India], October 20 : Alleging political vendetta behind the chargesheet in the Bengaluru violence case, Congress leader Sampath Raj's lawyer on Tuesday said that it had no material to prove any of the charges invoked.
Advocate Balan, speaking to ANI, said that Sampath Raj has already moved a pre-arrest bail plea before a court and added that he will comply with whatever order is passed in the matter.
"The Central Crime Branch had summoned Sampath Raj, he was questioned and nothing was found. Now after three months, without any material for any of the charges and only with loose connections a chargesheet has been filed. It's sheer political vendetta," Balan said.
The lawyer said that the investigation agency has not been able to bring any material on record to prove the charge invoked in the chargesheet.
"Now the chargesheet is filed after 60 days. There are three components of charges. The first is under the Arms Act, 1959. There is no material for that charge... The second is the SC/ST Prevention of Atrocities Act. Since Raj is also from the listed community, he cannot be implicated under the charge," Balan said.
"What remains is unlawful assembly and charges under Sections 141, 142, 143, 144 and 149 of the India Penal Code (IPC). These sections can be applied to the person who is physically present at the time of the incident, which he was not," he added.
Balan said that Section 435 (mischief by fire or explosive substance to cause damage to property over Rs 100), 436 (mischief by fire or explosive substance to cause destruction of any building used as a place of worship) and 395 (dacoity) are also not applicable as the Sampath Raj was not at the spot of the incident at the time.
"For Section 120-B (conspiracy), What they are saying is unbelievable. Three months prior to the incident, there was a function organised by the Congress party, where DK Shivkumar was also there. Food and other materials were given to poor Muslims. It's all photographed and videographed. How could they have conspired there. How would they have known three months prior that somebody is going to post an image on Facebook? There is no material in the chargesheet," he said.
The CCB had last week filed a preliminary chargesheet in the August 11 violence, whih took place in Bengaluru, naming Congress corporators AR Zakir and Sampath Raj as accused.
Violence broke out in parts of Bengaluru on August 11 over an alleged "derogatory" social media post. At least three people lost their lives, while nearly 60 police personnel were injured during the incident. The police arrested around 415 accused in connection with the violence.
An FIR was registered on the complaint of Congress MLA Akhanda Srinivas Murthy at DJ Halli Police station three days after the violence broke out in parts of Bengaluru over an alleged "derogatory" social media post by his nephew, the police said.