Karnataka HC issues guidelines for trial of KCOCA cases


PTI, Dec 23, 2022, 4:32 PM IST

The Karnataka High Court has issued guidelines to be followed when the same person is facing cases under the Karnataka Control of Organised Crime Act (KCOCA) and other criminal laws.

The directions were issued in a petition filed by the state government seeking to keep in abeyance the trial against gangster Bannanje Raja while his KCOCA case was pending.

The state filed three petitions before the high court challenging the dismissal of its application by the Special Judge for KCOCA cases in Belagavi.

The state had filed the application under Section 10 of the KCOCA seeking a stay on all other regular criminal matters against Bannanje Raja till the trial was completed in the particular case. The special court had dismissed this application.

Justice Suraj Govindaraj, who heard the state’s petitions, also dismissed it. The HC noted that the trial in the KCOCA case had not yet commenced, while the trial in the other criminal cases against the accused had commenced.

Rejecting the petitions, the HC said: ”It is apparent that Section 10 would come into play and be operative only in the event of the trial of an offence under the KCOCA having commenced. If the trial has not yet commenced, there would be no question of Section 10 coming into play.” The HC further said that ”right to a fair and speedy trial is a fundamental right of any accused recognized under Article 21 of the Constitution of India. This right in my considered opinion would extend to all the criminal proceedings against the accused.” Senior counsel Kiran S Javali and Special Public Prosecutor P P Hegde, appearing in the case, informed the court that necessary guidelines had to be issued in the matter.

In the same judgment, the HC issued guidelines stating that in case of an application made under Section 10 of KCOCA, it should be accompanied by details of all other criminal proceedings pending against the said accused, the stage of the matter and if trial has commenced or not.

If the trial has commenced, details of how many witnesses are examined and details of the custody of the accused has to be provided in the application, the HC said adding that the details of availability of video-conferencing services, the calendar of dates fixed for trial in all the cases has to be filed along with the application.

The HC also directed that in KCOCA cases, the trial should be preferably on a day-to-day basis. The HC ordered the creation of a dashboard which would indicate the status of the matters pending under KCOCA against a particular accused.

The police, IT, Director of Prosecutions departments were directed to work together to create this dashboard.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Let truth come out: Kharge on Oppn demand for discussion, JPC on Adani issue

Karnataka CM directs officials to submit proposal for gold chariot for Goddess Chamundeshwari

IPL Auction 2025 | GT buy Washington Sundar for Rs 3.20 crore; Shaw, Shardul go unsold

Virat Kohli doesn’t need our support, but we need the support of Kohli: Bumrah

INDIA bloc seeking JPC probe into Adani ‘scam’, govt scared of debate: Congress after LS, RS adjourned

Burglars decamp with cash Rs 1 crore, 300 gold sovereigns from house in Kerala

Raut demands re-election, alleges irregularities in EVMs during Maharashtra polls

Related Articles More

Karnataka CM directs officials to submit proposal for gold chariot for Goddess Chamundeshwari

Puttur: Abandoning labourer’s body — three, including prime accused, arrested

Dr. D. Veerendra Heggade sets record for ‘Largest Single-Man Collection of Antiques’

Bantwal: Three arrested in Thumbe temple theft case

Bengaluru: BBMP garbage truck driver dies after tree branch falls on him

MUST WATCH

Coconut Flower

Prakash Belawadi

Naxal Leader Vikram Gowda

Christmas Cake Fruit Mixing

DK Shivakumar


Latest Additions

Air pollution: SC directs action against officials for ‘serious lapse’ in ensuring GRAP-IV curbs

PM Modi to attend 3-day all-India security conference in Odisha from Nov 29

Let truth come out: Kharge on Oppn demand for discussion, JPC on Adani issue

Need to link co-op movement with circular economy: PM Modi

Karnataka CM directs officials to submit proposal for gold chariot for Goddess Chamundeshwari

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.