VidhiSangh

Supreme Court of India · 21/10/2021

KAVITHA LANKESH versus STATE OF KARNATAKA & ORS.

[2021] 10 S.C.R. 309 · 2021 INSC 654

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Summary

The Court restored the approval to invoke Karnataka’s organised-crime law in the Gauri Lankesh murder investigation and set aside the quashing of charges against Mohan Nayak. Prior approval under Section 24(1)(a) concerned credible information of an organised-crime offence, rather than a final assessment of each offender’s role. Absence of earlier charge-sheets against an alleged facilitator did not itself bar prosecution for the distinct offences. Other lawful remedies remained open, without a decision on their merits.

Issues

  1. Whether prior approval under Section 24(1)(a) required an assessment of each accused’s individual role and antecedents.
  2. Whether absence of prior charge-sheets against the respondent justified quashing approval and the charges for facilitating, harbouring or syndicate membership.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and Mohan Nayak’s writ petition dismissed. Pending applications disposed of; other lawful remedies preserved.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 309.