Mumbai: The Maharashtra government on Tuesday
registered its objection to a plea filed by an activist
seeking invocation of the MCOCA against Pune-based stud farm
owner Hasan Ali Khan, an accused in the multi-crore money
laundering scam.
In its reply to a complaint filed by I G Khandelwal in
special MCOCA court on May 2 seeking application of the
stringent act to Khan, the government said that "cognisance of
any offence as required under the Maharashtra Control of
Organised Crimes Act (MCOCA) was not taken by any court in
Maharashtra against Khan and no charge sheet was filed against
him when the plaint was filed.
The state also contended that the "complaint lacks
bonafide and is filed for gaining publicity and fame in the
matter which is already sub-judice".
The state government also said that a citizen, without
placing relevant information constituting cognisable offence
under MCOCA, cannot approach the court.
The government further said in its reply, filed
through special public prosecutor Dileep Shah that it has
appointed a nodal agency and he (Khandelwal) can approach it
for redressel of his grievances.
According to the reply this fact was brought to the
notice of Khandelwal by the Enforcement Directorate while
opposing the application filed by him.
"Merely lodging a complaint with police unless
cognisable offence as punishable under MCOCA, the complainant
has no legal right to set criminal law in motion," the state
said.
The next hearing is likely to be held on June 10.
PTI
First Published: Wednesday, May 25, 2011, 00:00