Accused moves HC against ban on footwear in MCOCA court
Mumbai: A man facing charges in the
Aurangabad arms seizure case has appealed to the Bombay High
Court to allow him wear shoes in the special MCOCA court,
where accused with footwear are not allowed due to security
Shaikh Naeem, the accused wrote a letter to the High
Court from prison, which has been turned into a petition.
Shaikh has argued that the rule banning the accused
from wearing footwear violates Article 14 (right to equality)
and Article 21 (right to life and personal liberty) of the
Security officials had insisted that accused entering
MCOCA judge Y D Shinde's court take off footwear since
September this year.
Shaikh complained to Shinde, but the judge did not
entertain him, saying that if the police thought it was
necessary for security purposes, the rule must be followed.
Earlier, in March this year, an accused in another
case had hurled a chappal at Shinde.
Today, prosecution told the division bench of Justices
A M Khanvilkar and V M Kanade that Shaikh was a "hardened
criminal", there were cases lodged against him in various
cities and he had once tried to escape from police custody.
However, the division bench said that the reply by the
police was vague and asked them to produce more "material" to
justify the ban at the next hearing scheduled for December 16.