Bengaluru: The Karnataka High Court on Tuesday set aside the order of the Ministry of Home Affairs (MHA) directing the National Investigation Agency (NIA) to probe into the murder of RSS leader R. Rudresh.

The high court has further ordered Commercial Street Police to probe the matter. The MHA had in December 2016, under Section 6(5) of the NIA Act, passed an order and directed the NIA to register a case into the matter.

Popular Front of India (PFI) leader Asim Sharif, and others had approached before the high court on various grounds, including asking NIA to take up the case. The High Court has partly allowed their petition.

The petitioner had argued through his counsel alleging that NIA probing the matter was nothing but arbitrary use of executive power, which is against the mandate of Article 20 of Constitution.

Apart from the case registered by city police, petitioners had challenged the second FIR registered by NIA on similar facts. Five people were arrested for their alleged involvement in the case. Shariff was arrested on November 2.

The petitioners had also challenged the Bengaluru police decision to invoke the provisions of the anti-terror law, the Unlawful Activities (Prevention) Act, 1967, in the case. However, the court has found no fault with invoking of this particular act.

RSS worker Rudresh was hacked to death by two motorcycle-borne men in October 16 in Bengaluru, while he was returning home with friends after attending a party event.