Instances which “overrun” a State administration like breakdown of law and order caused by “spontaneous mass violence” or the second wave of the pandemic cannot be called the results of a “larger conspiracy” hatched at the highest level of political dispensation, the Supreme Court judgment in the Zakia Jafri case has held.
“The breakdown of law and order situation in the State, attributable to the alleged inaction of the [State] duty holders, owing to spontaneous mass violence cannot be a safe measure to infer as being a part of a criminal conspiracy at the highest level of political dispensation…” a three-judge Bench led by Justice A.M. Khanwilkar held.
The judgment observed that “larger conspiracy” can be alleged only if there is clear evidence to show a “meeting of minds” at the highest level to commit or promote the commission of a crime. “To make out a case of larger criminal conspiracy, it is essential to establish a link indicating a meeting of minds of the concerned persons for commission of the crime(s),” it noted.
