HC dismisses appeal challenging application of MCOCA

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Mumbai, Oct 16 (UNI) The Bombay High Court today dismissed an appeal filed by an accused in the 7/11 bomb blasts case, challenging application of provisions of the stringent Maharashtra Control of Organised Crime Act (MCOCA) to the case.

Aasif Khan Bashir Khan, one of the 13 accused being tried in the 7/11 blasts case, had moved the High Court contending that provisions of MCOCA were applied by the competent authority without application of mind.

A division bench comprising Justices R M S Khandeparkar and V K Tahilramani today dismissed his appeal, saying that it was filed on a wrong footing.

Khan had challenged application of MCOCA Act in the case saying that an essential condition of having more than one chargesheet being filed against any member of the alleged Organised Crime Syndicate, was not fulfilled and the MCOCA Act stipulates these chargsheets against a member of the alleged Syndicate, not in any other individual offences.

Mubin Solkar, appearing for Khan, had contended that, second chargesheet was filed against him much after sanction for MCOCA was granted. According to the Advocate, the second chargesheet was filed against Khan on March 22, 2007 whereas sanction to apply MCOCA to the case was granted by competant authority of police much before, on November 2006.

But, the court dismissed this contention by saying that, though technically second chargsheet was filed later, Jalgaon courts had taken cognizance of both the cases much before sanction was granted.

Second contention of Khan met with the same fate. The court rejected his plea, saying that this aspect was based on wrong considerations and on request of ATS counsel Raja Thackare, ordered registry to send the record and proceedings back to the Special MCOCA court immediately.

The Anti-Terrorist Squad applied provisions of the stringent MCOCA Act in the 7/11 case on the basis of two chargesheets filed against Khan in two different cases in Jalgaon and treated him as head of the Organised Crime Syndicate.

UNI

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