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Most incorrigible State: Supreme Court after lapse by Karnataka government

The Court said that it was not the first such lapse on the part of the State, and that it would summon the State's Chief Secretary if proper assistance is not rendered by the government counsel.

Abhimanyu Hazarika

The Supreme Court on Friday took exception to the State of Karnataka giving incorrect instructions to its lawyer in a criminal case [Vinayak @Vinaykgouda Marigouda v. State of Karnataka and anr].

A Bench of Justices Surya Kant and Ujjal Bhuyan said that it was not the first such lapse on the part of the State, and that the Court would summon the State's Chief Secretary if proper assistance is not rendered by the government counsel.

This was after Senior Advocate Devadatt Kamat, appearing for the State, informed the Bench that an earlier order had wrongly recorded that charges had not been framed due to an inadvertent error on the part of the government.

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

Justice Surya Kant and Justice Ujjal Bhuyan

The Bench was hearing a plea in which it had granted interim bail for three months to the accused on August 30.

The case involved allegations of unlawful assembly and organised crime.

The previous order had stated:

"Learned counsel for the respondent State points out that as per his instructions, the petitioner is involved in multiple cases and is a threat to the general public. He further submits that there are 21 accused who are moving one after the other Miscellaneous Applications before the Trial Court due to which the charges have not been framed so far".

Today, it was submitted that charges had been framed in the case, prompting the Court's ire.

The Court eventually adjourned the matter for hearing after Diwali break.

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