‘Invocation of MCOCA illegal’: Court grants bail to Hashim Baba’s associate
Asrar, the man suspected to be an associate of Baba, was granted bail on the condition that he furnish bonds worth Rs 25,000.
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Asrar was arrested on March 27 in a case registered against nine persons at Gokul Puri police station last September. (Representational Image/File)Noting that the invocation of Maharashtra Control of Organised Crime Act (MCOCA) was illegal in an organised crime case, a Delhi court on Friday granted bail to an alleged associate of gangster Hashim Baba.
“In the present case, since the invocation of MCOCA in itself is found to be illegal, then there remains no doubt that such requirement of law also stands fulfilled in order to grant bail,” said Additional Sessions Judge Pulastya Pramachala of Karkardooma Court in his order dated May 2.
Asrar, the man suspected to be an associate of Baba, was granted bail on the condition that he furnish bonds worth Rs 25,000. Asrar was arrested on March 27 in a case registered against nine persons at Gokul Puri police station last September. His advocates M S Khan and Prashant Prakash had argued that MCOCA had been invoked on “wrong foundation of law”.
On January 18, the court had said that the FIR was based on the “wrong notion of law” and refused to allow the arrest of the accused.
On May 2, the court said, “…this court has already elaborated how this FIR was found to be based on wrong notion of law. The essential requirements to invoke MCOCA were discussed therein, which required that there must be a third instance of organised crime giving rise to the cause of action to invoke MCOCA. It was found that there was no such third instance, which could be deciphered from the FIR of this case.”
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