Gauri Lankesh murder case: SC dismisses plea to cancel bail [Read Order]

NEW DELHI: The Supreme Court has declined to consider a plea to cancel the bail granted by the Karnataka High Court to accused Mohan Nayak N in the murder case of journalist Gauri Lankesh in Bengaluru in 2017.

A bench of Justices Bela M Trivedi and Satish Chandra Sharma dismissed the petitions filed by the Karnataka government and complainant Kavitha Lankesh.

The court noted the accused was in custody since July 18, 2018, and cooperated with the trial court in trial and further about 100 witnesses were to be examined in the case.

"Under the circumstances, we are not inclined to interfere with the orders passed by the High Court," the bench said.

Both the Karnataka government and Kavitha filed separate petitions challenging the High Court's order of December 7, 2023.

Senior advocate Sidharth Luthra appearing for the Karnataka government, submitted that so far 137 witnesses have been examined by the prosecution, 137 witnesses have been dropped and the prosecution is also likely to drop 150 more witnesses, and now about 100 witnesses are still to be examined.

The court, however, rejected the plea but directed the trial court to expeditiously conduct the trial.

It also told all the parties to cooperate with the trial court in concluding the proceedings.

In its order on August 21, the bench said, "It goes without saying that if the respondent – accused does not cooperate or asks for unnecessary adjournment or commits breach of any condition, the State of Karnataka or the complainant shall be at liberty to apply for cancellation of bail, and if any such application is filed, the same shall be decided on its own merits and in accordance with law."

Lankesh, a leading journalist, and activist was shot dead on September 05, 2017 outside her house at Rajarajeshwari Nagar, Bengaluru.

In its order, the HC had said the accused has been in jail for more than five years and there can't be fetters of the power to enlarge the petitioner on bail when there is undue delay in trial, which may not be completed anytime soon.

Notably, the Supreme Court has on October 21, 2021 set aside High Court's decision of April 22, 2021 to quash the charges under the stringent the Karnataka Control of Organised Crimes Act (KCOCA) against the accused Mohan Nayak N.

It has then held that the stringent provisions can be invoked against a member of the crime syndicate involved in organised crimes without two previous charge sheets against him.

It was alleged that Nayak was part of the syndicate led by Amol Kale which has committed multiple organised crimes apart from the murder of Gauri.

In its petition, the Karnataka government submitted that the order of the High Court will lead to the contrary results in law in similar cases, considering the contradictions.

It said the High Court's order is unsustainable in law and must be interfered with.

[Read Order]