SC quashes MCOCA against Daya Nayak
New Delhi: The Supreme Court today quashed
the Maharashtra Control of Organised Crime Act and certain
other cases against Mumbai`s controversial police officer and
encounter specialist Daya Nayak.
A Bench of Justices Markandeya Katju and T S Thakur
quashed the cases against Nayak on the ground that the
complaint filed by Ketan Tirodkar, his estranged friend and
ex-journalist, was not maintainable as prior sanction of the
government was not obtained by the complainant.
The complaint had charged Nayak of accepting money from
mafia/underworld bosses and his alleged links with Pakistan-
based gangster Chhota Shakeel. Tirodkar is also facing trial
for his alleged involvement in underworld activities.
The judgement would pave the way for Nayak`s
reinstatement who was suspended by Maharashtra government in
2006, his advocate Shivaji Jadhav claimed.
Kirodkar had filed the complaint against Nayak in 2003
and a special court, trying MCOCA cases in Mumbai, had issued
the process for his prosecution which was challenged by the
encounter specialist before the Bombay High Court that
dismissed his plea.
Aggrieved, he appealed in the apex court arguing that
under Section 23 of MCOOCA prior sanction of government was
necessary but had not been obtained and hence the complaint
was not maintainable.
Under section 23 (2) of MCOCA, no court can take
cognisance of an offence unless sanction is obtained from the
competent authority who is of the rank of an Additional
Director General of Police.
The apex court agreed with his contention and in a brief
order quashed the complaint against Nayak.
Tirodkar`a allegation had virtually ruined Nayak?s career
who was rated among the best encounter cops in the fight
against the Mumbai underworld.
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