SC directs member of Chhota Rajan gang to surrender

New Delhi, Feb 21 (UNI) The Supreme Court today directed a member of the Chhota Rajan gang to surrender before the police after cancelling his request for bail.

A bench comprising Justices A R Lakshman and Altamas Kabir dismissed the petition of Vinod G Asrani challenging his prosecution under the Maharashtra Control of Organised Crime Act (MCOCA). The petitioner had challenged the Bombay High Court judgement dismissing his petition and directing him to contest the point of non-sanction before the special judge.

According to the state of Maharashtra, the petitioner was involved in extorting money from builders in Tilak Nagar area, Chembur, Mumbai with the Chhota Rajan gang. The extortion money was then diverted to the accounts of Chhota Rajan's family members.

The accused also include Sujata Rajendra Nikalje alias Nani, wife of underground don Rajan Nikalje and Pradeep Madgaonkar alias Bandya Mama, an associate of Chhota Rajan.

The gang has been indulging in extortion activites as part of organised crime by intimidating builders undertaking development work of old buildings in Tilak Nagar and other areas of Mumbai by extending threats of violence including murder.

The apex court, while upholding the inpugned Bombay High Court judgement and dismissing the appeal of the petitioner, also directed him to surrender before the special court.

The apex court in its eleven-page judgement written by Justice Kabir noted, ''as to whether any offence has at all been made against the petitioner for prosecution under the MCOCA, the high court has rightly pointed out that the accused will have sufficient opportunity to contest the same before the special court. Having regard to the above, we are not inclined to interfere with the order passed by the high court and the special lieu petition is accordingly dismissed.'' The petitioner has challenged his prosecution on the ground that no sanction was granted by the Commissioner of Police at the time of registration of the case, that his name was subsequently added and the sanction obtained later and hence, the entire prosecution under the MCOCA stands vitiated and is liable to be quashed.

UNI