Supreme Court reverses HC order, Gauri ‘killers’ to face stringent law | India News


NEW DELHI: The Supreme Court on Thursday reversed a Karnataka HC decision and ruled that those accused in the murder case of journalist Gauri Lankesh will face charges under the provisions of the stringent Karnataka Control of Organised Crimes Act (KCOCA) apart from IPC Section 302 and arms and explosives laws.
A bench of Justices A M Khanwilkar, Dinesh Maheshwari and CT Ravikumar said the HC completely misread the provisions of the KCOCA and their employment in a case that prima facie showed characters of an organised crime. The bench added that the HC erred in quashing the charges under the Act against the accused. Lankesh was shot dead on September 5, 2017 in Bengaluru. Her sister and the Karnataka government had appealed before the SC against the HC judgment giving the alleged assailants reprieve from KCOCA.
A murder case was initially registered. But after the special investigation team (SIT) took over the probe, it had submitted a report to the chief Investigating officer, who had sought approval of the Bengaluru police commissioner for invoking Section 3 of KCOCA, while opining that it was an organised crime. The necessary approval to invoke KCOCA was given on August 14, 2018.
Justice Khanwilkar said the HC should have inquired whether the factual matrix of the crime, as evident from the investigation, needed invoking KCOCA and not look at the initial FIR which registered the crime as a plain murder case. The bench said, “At the relevant time, the material regarding offence having been committed by an organised crime syndicate was not known. That information came to the fore only after the SIT investigation.”
The SC said the high court committed manifest error and exceeded its jurisdiction in quashing the chargesheet filed before the competent court on the basis of a writ petition filed regarding offences under KCOCA.





Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

Legal Updates/News

Venezuela’s High Court Retroactively Disqualifies Candidate

A Venezuelan opposition candidate who has been leading in vote count in the governor’s race for the home state of the late President Hugo Chávez has been retroactively disqualified by the country’s highest court more than a week after the election was held. The disqualification is likely to raise further doubts about the fairness of […]

Read More
Legal Updates/News

Prosecutors ask Supreme Court to review the Bill Cosby case : NPR

Attorney Jennifer Bonjean, Bill Cosby, and spokesperson Andrew Wyatt speaking outside of Cosby’s suburban Philadelphia home in June, after the actor was released from prison. Michael Abbott/Getty Images hide caption toggle caption Michael Abbott/Getty Images Attorney Jennifer Bonjean, Bill Cosby, and spokesperson Andrew Wyatt speaking outside of Cosby’s suburban Philadelphia home in June, after the […]

Read More
Legal Updates/News

ACLU Asks US Supreme Court to Review Status of Georgia Death Row Prisoner with Intellectual Disability

By Amy Berberyan WASHINGTON, DC — The American Civil Liberties Union (ACLU) is asking for the U.S. Supreme Court to review Rodney Young’s status on Georgia’s death row, in a filing made earlier this week. According to the ACLU, “the petition on [Young’s] behalf seeks review of a Georgia law that requires persons with intellectual […]

Read More