Mumbai, May 3 (UNI) Bombay High Court today adjourned till May five, the hearing on gangster-turned-politician Arun Gawli's petition, challenging the application of MCOCA on him.
A division bench comprising Justices D G Deshpande and V K Tahilramani, while adjourning the matter, also extended the interim stay on his arrest till then.
A case had been registered against Gawli on charge of extortion and threatening the complainant Mohamed Shakeel Qureshi, to settle his dispute with his partner Rajendra Doshi.
However, the case took a new turn when the complainant decided to withdraw the case on Apil 20, claiming that he had been forced to file the complaint.
Meanwhile, the investigating officer this month took permission from the joint commissioner of police to apply MCOCA against Gawli in the same case, which he has challenged in the High Court.
Advocate Aryan Agarwal today argued that MCOCA was wrongly applied on his client. He held that MCOCA charges were pressed against him, five months after original complaint was lodged under IPC. The prosecution's intention was to nullify his client's anticipatory bail application, still pending in sessions court.
He also contended that no complaint remained with the police after the complainant withdrawing it.
However, Chief Public Prosecutor Satish Borulkar contended that even though Qureshi had changed his stand, the police had enough evidence to initiate proceedings against Gawli under MCOCA.
As the arguements in the case are over, the court is likely to deliver the order on May 5.
UNI ARM KD VD RK2101