Supreme Court to Review Karnataka High Court Ruling Favoring BJP MLA in Murder Case
January 20, 2026
On January 20, 2026, the Supreme Court decided to review a "peculiar" ruling by the Karnataka High Court regarding the state's anti-organized crime law. The case involves BJP MLA B. A. Basavaraja from K. R. Puram, linked to the Shivaprakash murder case. Chief Justice Surya Kant led the Bench, which directed lower courts not to treat the Karnataka High Court's December 19, 2025 decision as a binding precedent for now.
The State, represented by senior advocates Siddharth Luthra and Sanchit Garga, argued that the High Court's interpretation of "continuing unlawful activity" under Section 2(d) of the Karnataka Control of Organised Crime Act, 2000 (KCOCA) could undermine special laws like KCOCA and Maharashtra's MCOCA. These laws target serious crimes such as extortion and kidnapping.
KCOCA requires prior approval by an Inspector-General of Police (IGP). For approval under Section 2(d), the offence must carry a punishment of three years or more. The High Court had quashed this approval in Basavaraja's case because the offences did not specify a mandatory minimum punishment of three years.
Justice Joymalya Bagchi questioned, "So, then what would happen to Section 307 of the Indian Penal Code (IPC), which covers the crime of attempt to murder and does not specify a minimum punishment but only says the maximum punishment is imprisonment for life?"
Senior advocate Luthra said, "A majority of the IPC offences, including attempt to murder, would be outside the ambit of KCOCA or MCOCA if the High Court’s interpretation was to be accepted. The special laws would be rendered worthless. There would be chaos."
Senior advocate Mukul Rohatgi, representing Basavaraja, argued that criminal laws must be interpreted strictly in favor of the accused and claimed the State was targeting Basavaraja for political reasons, saying he belonged to the "opposite political dispensation" in Congress-ruled Karnataka.
The State said the High Court ruling caused "serious prejudice" to the prosecution in a "serious criminal investigation" involving threats, intimidation, conspiracy, and organized crime. The investigation continues, collecting evidence against multiple accused, including Basavaraja, who has significant political and financial influence.
Justice Bagchi said the court would examine if the phrase "minimum sentence of ‘three years or more'" means there must be a mandatory minimum punishment of at least three years.
The Supreme Court has scheduled detailed arguments on this legal question for mid-April.
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Tags:
Supreme court
Karnataka high court
Kcoca
B. A. Basavaraja
Organized crime
Murder case
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