Arun Gawli's challenge against MCOCA application hearing deferred

Mumbai, June 14 (UNI) The Bombay High Court today deferred the hearing of gangster-turned-politician Arun Gawli, challenging an application of Maharashtra Control of Organised Crime Act (MCOCA) in an extortion case.

The case came up for hearing before a division bench comprising Justices D G Deshpande and S A Bobde who deferred the case.

While hearing the petition, Justice Bobde stated before the open court that he had represented Gawli years ago before the Nagpur High Court therefore this case be heard by a bench he was not a part of.

Gawli is accused of an extortion case on the basis of a complaint filed by city-based businessman Shakil Qureshi who had submitted that Gawli had interfered in a dispute between his business partner Rajendra Doshi and himself and later had demanded a sum of Rs 18 lakhs as ransom for resolving the same.

Later Gawli moved the Mazgaon Sessions Court here after the complaint was registered against him and secured an anticipatory bail. However, the State government approached the High Court, which set aside the bail and ordered a re-hearing of the case before a different sessions judge.

However, in the present petition before HC, Gawli alleged that police authorities had misused their powers in granting sanction to prosecute him under Maharashtra Control of Organised Crime Act (MCOCA). The police had applied to Joint Commissioner of Police for the sanction in November 2005 while they received the sanction only in April this year.

Police had obtained sanction from Joint Commissioner of Police, as required under the MCOCA, to apply the Act against Gawli and his three associates. Earlier, they were booked under IPC for the same offence.

Gawli has pleaded that action be quashed and police prevented from taking any coercive action against him until the matter is disposed off.

UNI ARM KU MSJ BD2154