HC quashes state order stopping police from producing Nachan

The order issued signed by R I Giri,section officer in the home department,cited section 268 of the Criminal Procedure Code (CrPC) for not producing Nachan and four other accused before the special Maharashtra Control of Organised Crime Act (MCOCA) court in Thane. Nachan’s lawyer Rebecca Gonsalves,however,argued that while issuing an order to not produce an accused in court under the CrPC,the state government had to take into account the nature of the offence and grounds for not producing him/her in court,likelihood of disturbance of public order if the accused is taken out of prison or public interest in general.

The court said the government cannot cite law and order problems for not taking the accused to court as it is its responsibility to maintain law and order . “Government cannot abdicate its responsibilities. It has to produce the accused in court and has to maintain law and order,” Justices S C Dharmadhikari and S B Shukre observed.

Meanwhile,three months after the HC granted bail to Nachan’s 21-year-old son Shamil,a student of electrical engineering also booked under the MCOCA in the case,the state government has filed a special leave petition in the Supreme Court against the decision.

While granting bail to Shamil,the HC had observed that he had been “dragged” into the case owing to his father’s alleged involvement. Shamil was not named in the FIR lodged by Raicha on August 4,2012. He had claimed that a bullet was fired at him on August 3,2012,at 10.45 pm near a dispensary in Bhiwandi. Nachan is the main accused in the case as Raicha had claimed that he was threatened by him. Saquib was allegedly miffed with him for “rescuing” animals brought for slaughter during Eid.

While challenging the grant of bail,the state government said a witness had stated that Shamil was displeased at the failure of the attempt to kill Raicha and was part of a conspiracy hatched by Nachan to create a rift between Hindus

and Muslims.