Mumbai, Dec 01: A division bench of the Mumbai High Court today declined to hear a petition filed by "encounter specialist" inspector Daya Nayak challenging jurisdiction of a special court to order a probe into his alleged nexus with underworld on the basis of a complaint filed by a city scribe. When the petition came up for hearing before Justice S S Parkar and Justice Hemant Gokhale they said: "not before us" but did not cite any reason for refusing to hear the matter. Nayak's petition will now be heard by another bench. Nayak, who has shot dead 70 gangsters, prayed for setting aside the order of designated judge A P Bhangale who had ordered police to probe the allegations of journalist Ketan Tirodkar that he and Nayak had taken Rs five crore from Pakistan-based gangster Chhota Shakeel to transfer cops. Tirodkar had also alleged that Hindi film "Kaagar" was made on the life of Daya Nayak at the instance of Chhota Shakeel. Based on his complaint, the court had ordered police to search the premises of nayak, director of "Kaagar" film Mrilani Patil and builder R C Agarwal. Police searched their places and would file a report on December three.

Nayak urged that the court had no jurisdiction to order such a probe particularly when a similar inquiry was already instituted by the police on a directive of the Mumbai High Court which had heard Tirodkar's petition.

Nayak said he had not committed any offence under Maharashtra Control of Organised Crime act and that the court should not have entertained Tirodkar's complaint as he had no material to substantiate his charges.

Meanwhile, the hearing on Tirodkar's complaint in the special court has been deferred to December three.

Bureau Report