The charges of organized crime against the accused in the Gauri Lankesh murder case was uphold by the Supreme Court
New Delhi: The Supreme Court overturned the Karnatak High Court’s decision in the 2017 murder case of journalist turned activist Gauri Lankesh on Thursday.
Justice AM Khanwilkar granted Kavitha Lankesh’s, sister of the late Gauri Lankesh, appeal and restored the charges against accused Mohan Nayak under the Karnataka Control of the Organised Crime Act KCOCA.
The High court quashed the Bengaluru Commissioner of police’s report, in April 2021 as well as the supplementary charge sheet in the case and subsequently the KCOCA charges against Nayak.
The Bench observed that “the High Court has not yet analysed the charge sheet and interpreted the situation as a challenge to the approval and granted it, as well as quashing the charge sheet without further investigation. HC took a mild approach to this situation”.
The apex court stated in June, the accused should not issue bail till Lakesh’s plea was decided. According to the police, if KCOCA allegations against Nayak are dropped, it might create a precedent for charges against other defendants in the case to be dropped as well.
The accused Nayak said to be a close associate of Amol Kale and Rajesh Bangera both of whom are key accused in the case Kavitha’s petition stated that Nayak was found to have activity provided shelter to the key accused and was also involved in “ continuous unlawful activity” as defined by KCOCA.
Since 2000, the state has passed KCOCA to combat organised crime and terrorism. The Maharasthra Control of Organized Crime Act, 1999 was used as a model for the Act (MCOCA).
Written by Trinanjana Mazumdar