Gauri murder case: SIT submits details in sealed cover to court
Bengaluru: The Special Investigation Team (SIT) probing Gauri Lankesh murder claimed knowledge of a “larger conspiracy” behind the murder and submitted related details with names of other suspects to the court in a sealed cover on Friday.
A massive manhunt has been launched to nab these suspects, along with one Praveen, who was named as an accused in the court based on inputs given by K.T. Naveen Kumar who has been arrested in the case.
To a specific question by the judge whether Naveen was the main accused, assistant public prosecutor Nirmal Rani said, “The main accused are yet to be arrested and the details have been submitted in a sealed cover.” A senior SIT official said Naveen was indeed in knowledge of the conspiracy and “aided and assisted its execution”, but in a “peripheral role”.
The SIT has sought permission of the court to conduct of neuro-psychological assessment tests — narco analysis, polygraph (called the lie detector test) and brain electrical oscillation signature profiling (brain mapping) — on Naveen Kumar.
“While the accused has revealed some information, he has also been concealing a lot. So these tests are necessary,” assistant public prosecutor Nirmal Rani told the court.
SIT sources also said TH that they had sent voice samples of Naveen to the FSL, Madiwala, to be matched with some of the audio recordings they had of Naveen during surveillance. They have also sent visuals of the reconstruction of a recce of Gauri’s house to be matched with visual of CCTV camera footage showing a man doing a recce of the house on September 3 and 5, 2017.
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Neutrality of polls can't be assured if EC dependent on contestants: Justice Nagarathna
New Delhi (PTI): Supreme Court judge Justice BV Nagarathna, while highlighting that the Election Commission is the primary institution entrusted with maintaining the integrity of polls, has said if those who conduct elections are dependent on those who contest them, the neutrality of the process cannot be assured.
The apex court judge raised a critical concern regarding the structural independence of those tasked with overseeing the ballot while delivering the Rajendra Prasad Memorial Lecture at the Chanakya Law University in Patna on Saturday.
Citing a 1995 verdict where the Supreme Court recognised the Election Commission as a constitutional authority of high significance, entrusted with ensuring the integrity of elections, she said, "The concern, once again, was structural: if those who conduct elections are dependent on those who contest them, the neutrality of the process cannot be assured."
Justice Nagarathna said elections are not merely periodic events but a mechanism through which political authority is constituted.
"Our constitutional democracy has amply demonstrated smooth changes in government due to elections being held on a timely basis. Control over that process is, in effect, control over the conditions of political competition itself," she said.
The Supreme Court judge said power is not exercised only through formal institutions but also through the processes that sustain them, including elections, public finance, and regulation.
"A constitutional structure that seeks to restrain power must therefore go beyond its classical forms and address these fourth-branch institutions. A set of institutions, while not always fitting within the classical tripartite scheme, is nonetheless central to the maintenance of constitutional order," she said.
Justice Nagarathna said the unmistakable lesson of history is that constitutional collapse occurs through the disabling of its structure, and the violation of rights merely follows.
"The dismantling of structure, in turn, occurs when institutions stop checking each other. At that moment, elections may continue, courts may function, laws may be enacted by Parliament, and yet, power is effectively not restrained because the structural discipline no longer exists," she said.
The apex court judge also urged the Centre to view states as "coordinates and not subordinates" and asserted that the separation of powers was a "constitutional arrangement of co-equals."
Justice Nagarathna also called for keeping aside "inter-party differences" in the matter of "Centre-state relations", underscoring that governance must not depend on "which party may be ruling the Centre and which other party may be ruling at the state level".
