Gauri Lankesh murder: SC reserves order on plea against dropping of organised crime Act against accused

A bench of Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar wrapped up hearing of arguments in the case

The Supreme Court on Tuesday reserved its order on an appeal filed by filmmaker Kavitha Lankesh, sister of slain activist Gauri Lankesh, against the High Court's decision to quash charges under the Karnataka Control of Organised Crimes Act (KCOCA) against one of the accused in the murder case.

A bench of Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar wrapped up hearing of arguments advanced by senior advocates Huzefa Ahmedi and Basava Prabhu Patil on behalf of the petitioner and the accused, Mohan Nayak respectively.

Ahmedi contended that since the charge sheet categorically made out a case of a syndicate involved in the commission of the crime, the argument whether a particular person was not part of earlier crimes of the syndicate was irrelevant.

He also submitted that charges were yet to be framed in the case, four years after the incident.

Representing the accused, Patil, for his part, contended that there was a distinction between “abettor” or “harbourer” and “a member of a crime syndicate” under the KCOCA. An abettor cannot be necessarily equated to a syndicate member, he submitted.

He also asked if it was right to brand a person as a member of organised crime at the very stage of approval of registration of FIR against him, especially when there was no proof that he had earlier participated in unlawful activities of the syndicate.

Ahmedi, on other hand, countered the argument that since the accused had harboured other accused, he was deemed to come under the organised crime.

The top court had earlier ordered that the plea for bail moved by accused Nayak, a resident of Dakshina Kannada, after dropping of stringent charges, cannot be allowed until it decided the instant matter.

The plea before the court claimed the investigation by SIT has revealed that Nayak was part of the syndicate led by Amol Kale which has committed multiple organised crimes apart from the murder of Gauri.

The plea said charge-sheets have been filed with respect to the murders of Dr Narendra Dabolkar in 2013, Govinda Pansare in 2015, Dr M M Kalburgi in 2015 and conspiracy to murder Prof Bhagavan in 2018.

“Accordingly, the condition of at least 2 charge-sheets having been filed against the syndicate in the last 10 years along with cognisance by competent court stands fulfilled and invocation of KCOCA against the accused stands justified," it contended.

The High Court had on April 22, quashed the order of Bengaluru Commissioner of Police passed in 2018 and the supplementary chargesheet filed thereafter.

The plea claimed Nayak has been actively involved in providing shelter to the killers prior to and after committing the offence and has participated in a series of conspiracies, abetting, planning, providing logistics.

Lankesh, a leading journalist, was killed on September 05, 2017 outside her house at Rajarajeshwari Nagar, Bengaluru. Kavitha is a complainant in the case.