‘Most Incorrigible State, Not the First Lapse On The Part Of The State’: SC After Lapse By Karnataka Gov.

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Justices Surya Kant and Ujjal Bhuyan noted that this was not the first instance of such oversight by the State. They indicated they would summon the Chief Secretary if the government counsel fails to provide adequate assistance.

NEW DELHI: The Supreme Court expressed discontent on Friday (26th Oct) regarding the Karnataka government’s incorrect instructions to its legal representative in a criminal case.

Justices Surya Kant and Ujjal Bhuyan noted that this was not the first instance of such oversight by the State. They indicated they would summon the Chief Secretary if the government counsel fails to provide adequate assistance.

Senior Advocate Devadatt Kamat, representing the State, informed the Bench that a prior order incorrectly stated that charges had not been framed due to an inadvertent error by the government.

Justice Kant remarked, “This is not the first time. If we continue to not get proper assistance, we will summon your Chief Secretary. Most incorrigible State.”

The Court was hearing a plea for interim bail granted to the accused for three months on August 30, related to allegations of unlawful assembly and organized crime.

In a previous order, it was noted that the State’s counsel claimed the petitioner was involved in multiple cases and posed a threat to public safety, further stating that 21 accused were filing various Miscellaneous Applications before the Trial Court, which had delayed the framing of charges. However, today’s submission indicated that charges had indeed been framed, prompting the Court’s frustration.

The matter has been adjourned for hearing after the Diwali break.

Case Title: Vinayak @Vinaykgouda Marigouda v. State of Karnataka and another.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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