Court says it has no powers to try MOCCA cases

Farooq was arrested by officers of Unit IV of the crime branch on March 13, 1999, for an attempt on the life of former mayor and Shiv Sena corporator Milind Vaidya. On March 4, some persons opened fire at Vaidya, who was talking to his friends near the shed of Shiv Sena shakha number 71 at MoriRoad, Mahim, with AK-47 assault rifles. While Vaidya and six others were injured, three persons died on the spot.

Farooq, a member of the Chhota Shakeel gang, had executed the attack along with his associates at the behest of the gang leader. He was booked under Sections 302, 307, and 120 (b) of the Indian Penal Code read with Sections 3, 25 and 27 of the Arms Act read with Section 3 of the MOCCA. He was booked under MOCCA on April 27 after his confessional statement was recorded by deputy commissioner of police (detection) Parambir Singh.

Farooq, who was in police custody for almost a month, was later remanded to judical custody up to May 15. When the matter came up again before Holambe-Patil on May 15, the investigating officer, assistant commisioner of police (north) Dashrath Avhad, at that time holding additional charge in the absence of ACP (south) Pradeep Sawant, was not present before court despite signing the remand application (all cases tried under MCOC should be investigated by an officerholding the rank of ACP and above). The magistrate then pulled up the police and added the investigation officer should remain present in court. “On one hand, the state government has passed this Act, and on the other, police are not at all serious,” he pointed out and adjourned the matter to May 17 as arguments had still not been completed.

When the matter came up for hearing today, the prosecution told court that it can remand an accused up to a period of 90 days and later transfer the case to a special court. The prosecution said that as far as they knew, there had been no special court set up by the government to try cases under MOCCA. The magistrate, however, noted that the provision to remand an accued for 90 days was nowhere mentioned in the legislation passed by the state government and added the court had no jurisdiction to grant remand beyond 15 days or to commit the case to a competent court.

ACP (south) Pradeep Sawant said police will now approach the higher courts, as they can technicallydo so.