Can CM order arrests? Karnataka high court RCB’s plea challenging marketing head's arrest

Nikhil Sosale was arrested from the Kempegowda International Airport in Bengaluru by the Central Crime Branch (CCB) on June 6, two days after the stampede.

Does a chief minister have the legal authority to direct arrest in a criminal case? This is a key question that the Karnataka high court sought to find out the answer to as it took up a plea on Monday filed by Nikhil Sosale, marketing head of the Royal Challengers Bengaluru (RCB), challenging his arrest in connection with the June 4 fatal stampede near Chinnaswamy stadium.

At least 11 people were killed in a stampede on June 4 outside the M Chinnaswamy stadium in Bengaluru. (AFP)

Justice SR Krishna Kumar posed the question around jurisdiction, procedure, and political influence behind the arrest after senior advocate Sandesh Chouta, appearing for the petitioner, contended that Sosale’s arrest on June 6 was “bad in law” and had been made solely on the orders of Karnataka CM Siddaramaiah.

“Does the CM have any such power? Can the chief minister direct arrest? Could he have only said that the FIRs had been registered and he had directed the authorities to take the probe to its logical conclusion in accordance with law?” the judge asked Chouta as well as the counsel for the state.

Even if there existed prima facie material against an accused and FIRs had already been filed, whether an arrest in such a case would still be invalidated since it followed a political directive, the court further asked.

Chouta insisted that the power to arrest rests entirely with investigating officers under the Bharatiya Nagarik Suraksha Sanhita (BNSS), and not elected representatives. “The CM has no such power. Even high courts cannot direct arrests. In the past if high courts have made such orders directing arrest, the Supreme Court has come down heavily against them,” the senior advocate argued.

Sosale was arrested from the Kempegowda International Airport in Bengaluru by the Central Crime Branch (CCB) on June 6, two days after the stampede that claimed 11 lives and left over 50 others injured during the RCB’s maiden IPL victory celebrations.

A day after the tragedy, CM Siddaramaiah announced the suspension of senior Bengaluru police officers, including commissioner B Dayananda, pending an inquiry. He further said that he had directed the state police chief to “immediately arrest” officials of RCB, event partner DNA Entertainment, and the Karnataka State Cricket Association (KSCA) who were “responsible for the tragedy.”

Challenging the legality of the CM’s statement, Sosale’s counsel argued that Siddaramaiah’s announcement followed by immediate arrests pointed to a breakdown of due process and politicisation of police action. Chouta further submitted that allowing elected leaders to dictate arrests would set a dangerous precedent.

The state government, represented by advocate general Shashikiran Shetty, defended the arrest, saying it was based on the information received by the Ashok Nagar police that Sosale intended to flee the country. The law officer added that the CCB was roped in for assistance and the arrest was made strictly in accordance with the law. Shetty, however, added that he will seek instructions and file a written reply on the claims that the CM’s statement influenced the arrests in the case.

Shetty further claimed that RCB’s social media posts, particularly the three posts on X announcing free entry for fans to attend the victory celebrations, were solely responsible for a huge crowd gathering at the stadium and the stampede that followed. “Thirteen crore (130 million) people saw it,” the AG said, maintaining that RCB had announced the event without required permissions.

Pointing out that the Chinnaswamy stadium in Bengaluru had the maximum capacity to accommodate 35,000 people, Shetty said that 100,000 to 200,000 people gathered at the 21 gates of the stadium while only three of the gates were opened. He added that the state had lawfully made arrests and taken action against “everyone responsible for the incident.”

Sosale, three top officials of the KSCA, and senior officials of DNA entertainment, who have also approached court seeking protection form arrest and quashing of the FIRs against them, however, alleged that the state should have taken action against itself.

The court will hear Sosale’s plea on Tuesday and those filed by KSCA and DNA officials on June 12. It granted time to the state to file its objections and accepted the latter’s statement that the petitioners yet to be arrested will not be taken into custody until the next hearing.