The Bombay High Court Thursday quashed an order of the special Maharashtra Control of Organised Crime Act (MCOCA) court that had dropped the MCOCA charges against an accused in Pune’s Junglee Maharaj (JM) Road bomb blasts of 2012.
The trial court, while dropping the charges against accused Firoz alias Hamza Abdul Hameed Sayeed (38), had observed that the accused could not have been tried for the same offence under both the MCOCA, a special enactment and the central Unlawful Activities (Prevention) Act.
While hearing the appeal filed by the state government, Justices P V Hardas and Anuja Prabhudesai, however, remarked, “Unfortunately, none of the factual aspects have been considered. The trial judge has not referred to any facts at all. Whether based on these facts (accused chargesheeted for carrying out the bomb blasts) MCOCA can be applied, has not been touched at all.”
The court remanded the case back to the trial court and asked it to consider the case afresh and conclude it in three months.
Arguing for the state government, advocate general D J Khambata and lawyer Raja Thakare told the court that the charges under MCOCA could not have been dropped only on the grounds that the charges under the Act cannot coexist with those under the UAPA.
The government’s appeal stated that the trial court did not take note of the fact that the constitutional validity of the MCOCA was upheld by the Supreme Court and hence “it would not be correct to hold that the offences under the MCOCA and the offences under the UAPA cannot coexist as it would render the judgment of the Supreme Court a nullity,” the state government’s appeal stated.
The state government also argued that the trial court should have examined whether or not the acts performed by the accused would attract the provisions of the MCOCA or not