Home / Crime and Justice / Gangster's Fear Justifies MCOCA Delay, Rules HC
Gangster's Fear Justifies MCOCA Delay, Rules HC
14 Jun
Summary
- Bombay HC ruled delay in MCOCA invocation requires reasonable explanation.
- Two accused challenged MCOCA's application nine years after FIR.
- Third accused Mangesh Sawant had MCOCA case quashed due to insufficient evidence.
The Bombay High Court recently clarified that a nine-year delay in applying the Maharashtra Control of Organised Crime Act (MCOCA) does not automatically warrant quashing criminal proceedings. This ruling came in response to a plea filed by two individuals challenging the MCOCA invocation in 2022 concerning an extortion FIR from 2013.
The bench, comprising Justices A S Gadkari and R R Bhonsale, found a prima facie case against the two accused. They explained that the delay in invoking MCOCA was due to the fear and intimidation exerted by gangster Ravi Pujari. Evidence suggested a threat call on September 3, 2013, was made at the behest of the accused duo.
While the court upheld the MCOCA proceedings for the two accused, it quashed the case against a third individual, Mangesh Sawant. The court found that Sawant was implicated on mere suspicion and that the alleged extortion call transcripts did not link him to the crime.
The court expressed satisfaction with the explanation for the delay, noting that witnesses only provided details after Ravi Pujari's arrest in February 2020, citing fear. They found the courage to speak out after his extradition from Dakar, Senegal.
Prior approval for MCOCA was granted in September 2022, indicating Ravi Pujari as a syndicate leader with multiple prior chargesheets against him within the preceding ten years, a requirement for the special law.
