[Yogesh Gowda Murder Case] Supreme Court Dismisses Former Karnataka Minister & Congress Leader Vinay Kulkarni's Plea Challenging Transfer Of Case To CBI

The Supreme Court on Monday dismissed a Special Leave Petition preferred by former Karnataka Minister and Congress leader Vinay Kulkarni assailing Karnataka High Court's order of upholding a State Government's GO dated September 6, 2019 for transferring the investigation related to murder of BJP worker, Yogesh Gowda to the CBI.

The bench of Justices UU Lalit, SR Bhat and PS Narasimha while dismissing the SLP in their order said, "We see no reason to interfere. These SLP's are dismissed."

Submission Of Counsels

Case Of Political Bias; Further Investigation Cannot Be Done By Any Court Irrespective Of Directions From Court Seisin Of The Trial: Senior Advocate Mukul Rohatgi

Senior Advocate Mukul Rohatgi for former Minister Vinay Kulkarni commenced his submission by throwing light on the GO issued by the State of Karnataka and submitted that the Government Order could not direct for further investigation.

Contending that the Executive could not direct for further investigation when the trial was complete without leave of the Trial Court and that there was no other material, Rohatgi said,

"This is a case where a startling GO was issued by the Government of Karnataka on September 6, 2019. The case was transferred from local police to the CBI. This GO is in question in this case. What has happened prior to GO- original FIR is 2016 in regards to the murder. I am Accused 15 who was a past minister and was not named. Allegation was that some other man who owned the gym killed him. Trial by local police was complete. Mother & brother of deceased filed writ petition in the High Court for transfer to CBI which was dismissed by the High Court by 50 page judgment which was affirmed by the Supreme Court. This was 1.5 months before the GO. In August a Section 319 application was moved so that new accused can be added which was dismissed in August.

Then comes the GO which grants transfer to CBI at a time when trial was virtually complete. GO says that the executive power of the government is unhindered. We challenged the GO directly under Art 32 & I applied for bail. By order dated August 7 2021 your lordship granted me bail but asked me to go to High Court in regards to challenge to GO & now this impugned order."

He also contended that the GO was virtually sitting in appeal irrespective of the refusal by the High Court and Supreme Court refusing the transfer which was a complete breakdown of rule of law and violation of Article 21.

Senior Counsel during the course of hearing while drawing Court's attention to State vociferously opposing the transfer of case to CBI in the first round said, "Now the GO says, notwithstanding whatsoever has happened- it was listed for final arguments & now the impugned judgment says that "executive has unhindered powers". It is my case that further investigation could not have been done. This is actually reinvestigation & retrial which completely wipes the first trial and chargesheet, it is negation of my rights and complete violation of law."

"We might as well have a complete breakdown of rule of law. The High Court has not gone on the justification and only says that if they have the power, they can do this," Senior Counsel further submitted after referring to the GO.

Cabinet's Approval Was Not Taken While Issuing GO: Senior Advocate Devdatt Kamat

Appearing for Chandrashekhar Indi, Senior Advocate Devdatt Kamat Submitted that the GO was issued without taking Cabinet's approval. Relying on the Rules of Business, Kamat argued that, "Anything that is done in derogation of rules of business must go and is a nullity. Cabinet's approval was not taken. This is not a case which falls under general GO."

If This Route Is Accepted As A Matter Of Law, Then In Every Change Of Government By Representation At Whose Instance Earlier Proceeding Was Started Every Case Will Reopen: Senior Advocate Kapil Sibal

Appearing for co-accused Chandrashekhar Indi, Senior Advocate Kapil Sibal submitted that if this route is accepted as a matter of law, then in every change of government by representation at whose instance earlier proceeding was started right till the Supreme Court every case will reopen.

On Senior Counsel's submission, Justice Lalit the presiding judge of the bench said, "It'll depend upon facts. She had not leveled allegations against A,B,C. Lady has been representing us right from the beginning saying that the investigator is trying to pressurize us. Every criminal matter depends on peculiar facts."

Responding to the remarks made by the bench, Sibal said, "No peculiar facts. It'll be a very very dangerous principle of law which will allow the government to reopen cases."

Senior Advocate SM Chandrashekhar appeared for Somashekhar.

Background

Yogesh Gowda, a zilla panchayat member of the BJP from Hebballi constituency, was murdered by an armed gang at his gym in Saptapur in Dharwad on June 15, 2016. The Dharwad Police subsequent to his murder arrested six persons and chargesheeted them for murder.

Supported by BJP leaders, Gurunath Goudar, brother of Yogeshgouda Goudar demanded CBI probe into the case which was finally fulfilled after the BJP-led government came to power in the State.

The CBI, took over the investigation on September 24, 2019, identified and arrested eight other accused and filed a charge-sheet on May 20, 2020. Arrested on November 5, 2020, Vinay Kulkarni has been in judicial custody in the Hindalga Jail of Belagavi since his bail plea was rejected twice, first by a lower court and then by the High Court.

The CBI in February, 2021 had also filed a supplementary charge sheet in the CBI Special Court.

Case Title: Somashekar Versus The State Of Karnataka & Anr.| SLP(Crl) No. 9649/2021; Vinay Kulkarni V. The State Of Karnataka And Anr.| SLP(Crl) No. 9662/2021; Chandrashekar Indi Versus The State Of Karnataka And Anr.| SLP(Crl) No. 9752/2021; Sri Basavaraj Shivappa Muttagi V. Central Bureau Of Investigation And Anr.| SLP(Crl) No. 571/2022

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