Supreme Court to hear govt plea against HC order in Biklu Shiva murder case

The Supreme Court on Tuesday agreed to hear the Karnataka government’s appeal challenging a High Court order that quashed the invocation of the stringent Karnataka Control of Organised Crime Act (KCOCA) against BJP MLA Byrathi Basavaraj in the murder case of rowdy-sheeter Shivaprakash alias Biklu Shiva.

A Bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and Vipul M. Pancholi took up the matter and issued notice on the state’s appeal. The court also directed that the High Court judgment should not be treated as a binding precedent. Final hearing has been scheduled for April 15, 2026.

Appearing for the state, Additional Advocate General Nishant Patil and senior advocate Siddharth Luthra argued that the High Court’s interpretation of KCOCA would seriously impact several pending cases.

They contended that restricting the application of KCOCA only to offences carrying a mandatory minimum sentence of three years or more would dilute the purpose of the special law.

Senior advocate Mukul Rohatgi, appearing for MLA Byrathi Basavaraj, submitted that his client had already been granted anticipatory bail. He argued that the KCOCA provisions were added later, allegedly to nullify the protection granted by the court, and claimed political vendetta behind the move.

The Bench observed that accepting the High Court’s interpretation could potentially exclude serious offences like attempt to murder from the scope of special laws. At the same time, the court clarified that staying the High Court order would not prejudice the accused, who is currently on interim bail.

The state has challenged the High Court’s December 19, 2025 order.

The FIR in the case was registered based on a complaint by the victim’s mother, citing disputes over real estate dealings and prior threats before the murder on July 13, 2025.