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Mumbai HC stays Bharat Shah trial
Mumbai, Feb 04: Mumbai High Court today temporarily stayed the trial in the case of alleged Bollywood nexus with underworld until it decided on a petition filed by accused and film financier Bharat Shah, challenging the provisions of Maharashtra Control of Organised Crime Act under which he has been booked.
Mumbai, Feb 04: Mumbai High Court today temporarily stayed the trial in the case of alleged Bollywood nexus with underworld until it decided on a petition filed by accused and film financier Bharat Shah, challenging the provisions of Maharashtra Control of Organised Crime Act under which he has been booked.
Justice V B Palshikar and Justice V B Munshi stayed the trial for three days until shah`s petition challenging the constitutional validity of MCOCA was disposed of.
Government counsel Srihari Aney and Rohini Salian said they would abide by the court`s directive and assured that no witness would be examined until February 7.
Shah, facing the charge of forging links with underworld to target film personalities for personal gains, prayed that the state legislature had no powers to enact MCOCA because it was `ultravires` the constitution. He also urged that the act should be struck down or trial be stayed in a special court.
Justice V B Palshikar and Justice V B Munshi stayed the trial for three days until shah`s petition challenging the constitutional validity of MCOCA was disposed of.
Government counsel Srihari Aney and Rohini Salian said they would abide by the court`s directive and assured that no witness would be examined until February 7.
Shah, facing the charge of forging links with underworld to target film personalities for personal gains, prayed that the state legislature had no powers to enact MCOCA because it was `ultravires` the constitution. He also urged that the act should be struck down or trial be stayed in a special court.
His counsel V R Manohar said Section 2 (D) of MCOCA defined continuous organised crime which was not applicable in Shah`s case. If this section was illegal then the act would not survive, he argued.
Shah`s petition argued that MCOCA provisions were beyond the competence of state legislature like Section 13 (appointment of competent authority), Section 14 (authorisation of interception of wire, electronic or oral communication), Section 15 (constitution of review committee for authorising orders) and section 16 (interception and disclosure of wire, electronic or oral communication).
Bureau Report