Gauri Lankesh murder case: Supreme Court reserves order in plea against dropping of KCOCA charges

The Supreme Court today reserved orders in an appeal challenging the Karnataka High Court order quashing charges under the Karnataka Control of Organised Crimes Act (KCOCA) against one of the accused in the assassination case of journalist, Gauri Lankesh (Kavitha Lankesh v. State of Karnataka)..The plea stated that the High Court made a mistake by not examining the scheme of Section 24 of the KCOCA, which states that no Special Court shall take cognizance of any offence under the Act without the previous sanction of a police officer not below the rank of Additional Director General of Police. The same was duly complied with in this case, it was pointed out..The Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar observed that though benefit could be given to accused Mohan Nayak prior to the approval stage, the act of quashing the chargesheet against him was "incorrect.""You can argue lack of evidence. High Court has quashed the chargesheet itself. This is incorrect and this is in excess of the jurisdiction. It cannot be quashed like this. High Court has not analysed the chargesheet, then we have to say High Court has not dealt with the chargesheet correctly," the Bench said..It was further observed that even if the top court upholds the finding of the High Court, "nothing prevents the investigating agency to find if you are a member of the syndicate, and if you are, then you can be proceeded against.".The Bench substantiated its reasoning by stating, "Suppose there is a gang of 20 persons. 4 persons have planned and others attacked on the forefront. Now just because the planners did not come ahead, will they not be charged under the law as conspirators, abettors? They are still members.".Senior Advocate Basava Prabhu S Patil, appearing for the accused Mohan Nayak, argued that his client had no role to play inthe actual commission of the crime. Further, if he had to be roped in under the KCOCA, then there is no proof of his membership with the crime syndicate. However, the Bench stated that these issues can be seen at the trial stage..While reserving orders on the appeal, the Court allowed the parties to file their written submissions. .The plea stated that Nayak had moved the Karnataka High Court for bail after charges against him under the KCOCA were quashed by the High Court..The order in challenge before the top court was delivered on April 22, 2021, when the Karnataka High Court had quashed the order of Bengaluru Commissioner of Police passed in 2018 and the supplementary chargesheet filed thereafter. Offences under Sections 3(1)(i), 3(2), 3(3) and 3(4) of the KCOCA against Nayak were, thereby, dropped..The appeal before the Supreme Court alleged that Nayak was actively involved in providing shelter to Lankesh's killers prior to and after the commission of the offence..It was stated that the High Court erred in not examining the scheme of Section 24 of the KCOCA, which states that prior approval ought not be granted by any officer below the rank of Additional Director General of Police, which has been duly complied with in the present case..[Read a live account of today's hearing]