Bengaluru, Nov 12 In a major development related to the sensational Dharmasthala case, the Karnataka High Court on Wednesday lifted the stay on the Special Investigation Team's probe against the activists.
A bench headed by Justice Mohammad Nawaz directed the SIT not to "harass" the activists during the course of the investigation.
Earlier, on October 30, the court had stayed the investigation and restrained the SIT from proceeding against activists Girish Mattennavar, Mahesh Shetty Timarody, Vittal Gowda, and T. Jayath. These activists had been at the forefront of protests against the temple authorities, alleging mass killings.
The activists have also filed a petition before the High Court seeking to quash the FIR and the investigation against them.
SIT's Special Public Prosecutor (SPP) B. N. Jagadeesh had submitted to the court that the investigation was being carried out with the magistrate's consent.
He also brought to the court's notice that the activists themselves had earlier praised the SIT's investigation.
Counsel for the activists, S. Balan, argued that the petitioners had been issued notices nine times and repeatedly interrogated.
The petitioners have been named as accused in the FIR, and the notices were served through WhatsApp messages, instead of being delivered in person, he submitted.
He further contended that the petitioners are neither accused nor witnesses in the case, and that the notice was issued due to political, religious, and organisational rivalry.
"In the name of inquiry, they are being made to sit from morning till midnight. More than 150 hours of questioning have already been conducted. Initially, an FIR was registered under Section 211(a), and later, other sections were added," Balan stated.
SPP B.N. Jagadeesh, on the other hand, argued that the complaint by Chinnayya, known as the "masked man", was filed at the instigation of the petitioners.
Later, Chinnayya made specific allegations against the petitioners, he said.
He further informed the court that excavations and inspections had been conducted at 20 locations in Dharmasthala village, and notices were issued to the petitioners after they were made accused in the case.
After the first notice was issued, the petitioners "failed" to appear, and hence, a fresh notice under the same section has now been issued, he added.
After hearing arguments from both sides, the bench of Justice Mohammad Nawaz had earlier ordered that the investigation be stayed until November 12.
Notably, on July 11, the complainant, Chinnayya, claimed before a court that he had been forced to bury the bodies of women and girls who were raped and murdered in Dharmasthala.
He had requested that the bodies be exhumed in his presence and alleged that the victims bore clear signs of sexual assault.
The whistleblower reportedly submitted a skull, allegedly recovered from one of the burial sites, to the SIT.
State Home Minister G. Parameshwara had also confirmed the recovery of a skull.
However, later, the SIT arrested the unknown complainant-cum mask man Chinnaiah, on charges of providing false information.
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