A week after the Bombay High Court sought the state governments justification for slapping charges under Maharashtra Control of Organised Crime Act (MCOCA) and Unlawful Activities (Prevention) Act (UAPA) on a 21-year-old engineering student,the state government Tuesday submitted an affidavit stating that Shamil Nachan was a conspirator and instrumental in promoting the motto of his father Saquib Nachan,the main accused who allegedly tried to murder VHP member Manoj Raicha.
Raising doubts over the application of MCOCA,Justice A M Thipsay had earlier said,The possibility cannot be ruled out that he (Shamil) may have been implicated because of (the involvement of) his father.
Shamil was not named in the FIR lodged by Raicha on August 4,2012.
The affidavit filed by Assistant Commissioner of Police Bhagwan Yashod stated that Shamil was present near the spot at the time of the incident.
The affidavit stated that the attempt to murder Raicha was a terrorist act. Yashod said Shamil was a conspirator to the offence and attended a conspiracy meeting. His affidavit said that though the present offence appears to be done against an individual,(it) is actually done with a larger object of causing communal disharmony in society.
The affidavit stated that the table explaining the role of each of the six accused in the case is only illustrative and not comprehensive or elaborative (sic).
Yashod said his contention is supported by the statements of three witnesses and can be proved using the Call Data Records of Shamil.
Shamils lawyer Rebecca Gonsalves told the court that he has paid the fees (Rs 92,000) for his third year and wishes to take his examinations starting May 8. The court has posted the case for hearing on May 6.