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Your email address will not be published.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

Corruption a termite in every system: High court

Lucknow: The Lucknow bench of the Allahabad high court while refusing anticipatory bail to a government doctor, observed that corruption was a termite in every system and once it entered the system, it went on increasing. Rejecting the anticipatory bail of a government doctor, justice Krishna Pahal observed on February 25: “Corruption is a termite […]

Read More
Legal Updates/News

SC Allows CBI to Probe 17-Year-Old Girl’s Death by Suicide in TN

New Delhi: The Supreme Court on Monday allowed the CBI to proceed with the probe into the suicide of a 17-year-old girl in Thanjavur who was allegedly coerced to convert to Christianity. A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice on the appeal filed by the Tamil Nadu DGP challenging the […]

Read More
Legal Updates/News

SC Allows Future Retail to Move Delhi HC to Seek Resumption of NCLT Proceedings

The top court noted that the proceedings before the NCLT are at stage 8, meeting of shareholders, and that there are 15 stages for the final approval of the scheme. The top court granted liberty to Future Retail to move the high court seeking continuation of proceedings before NCLT beyond Stage 8. “Approach the Delhi […]

Read More