Karnataka HC issues guidelines for trial of KCOCA cases

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Bengaluru, Dec 23: The Karnataka High Court has issued guidelines to be followed when the same person is facing cases under the Karnataka Control of Organized 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.

#Karnataka High Court #guidelines #Karnataka Control of Organized Crime Act #KCOCA #criminal laws #gangster Bannanje Raja

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