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Supreme Court of India 2021-10-21 allowed

KAVITHA LANKESH vs STATE OF KARNATAKA & ORS

Bench: 3 — A.M. Khanwilkar, Dinesh Maheshwari, C.T. Ravikumar

In Brief

Kavitha Lankesh's sister, journalist Gauri Lankesh, was murdered in 2017. The police obtained prior approval to invoke organized crime provisions against multiple accused, including Mohan Nayak. The High Court quashed this approval order, finding insufficient evidence against Nayak under organized crime statutes. The Supreme Court reversed, holding that prior approval need only be based on material showing an organized crime syndicate existed—not on proving each accused's individual role. The Court clarified that organically crime charges apply not just to active members but also to abettors, facilitators, and conspirators with nexus to the crime, without requiring multiple prior convictions against them. The appeals were allowed and cognizance of organized crime charges was restored.

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Criminal Law Organized Crime Criminal Procedure Police Powers Judicial Review Jurisdiction of High Court

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