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High Court to deliver order on petitions by Sharma, two others
Mumbai, Feb 8: The Bombay High Court is likely to deliver its order this week on the petitions filed by former Mumbai police commissioner R S Sharma, suspended DCP Pradeep Sawant and Samajwadi Janata Party MLA Anil Gote challenging the applicability of the Maharashtra Control of Organised Crime Act (MCOCA) on them for their alleged involvement in the multi-crore fake Stamp paper scam.
Mumbai, Feb 8: The Bombay High Court is likely to deliver its order this week on the petitions filed by former Mumbai police commissioner R S Sharma, suspended DCP Pradeep Sawant and Samajwadi Janata Party MLA Anil Gote challenging the applicability of the Maharashtra Control of Organised Crime Act (MCOCA) on them for their alleged involvement in the multi-crore fake Stamp paper scam.
The division bench comprising Justices V G Palshikar and P V Kakade are expected to deliver the verdict after the conclusion of defence and prosecution's arguments on the applicablity of MCOCA.
Earlier, senior advocate V R Manohar, representing R S Sharma, told the court that the provision of MCOCA was not only wrongly applied on his client, but it is not even applicable to the prime accused, Abdul Karim Telgi. He cited various judgments of the Apex Court and High Court and submitted that at the most, his client could be booked under IPC or CRPC for his alleged role.
He said Sharma was not an investigating officer in the case. In fact, it was during his tenure as the Commissioner of Police, Pune, the scam accused were arrested and counterfeit stamp papers worth Rs 2,090 crore were seized.
Senior advocate Baba Chitnis, apprearing on behalf of the suspended Deputy Commissioner of Police Pradip Sawant, said the SIT had failed to make a case against Sawant under MCOCA. Advocate Nitin Pradhan, representating SJP MLA Anil Gote, argued that his client was booked under different sections of the MCOCA including section 21 of the Act which says that any public servant who renders any help or supports a member of a crime syndicate should be booked under the Act. However, his client is an MLA and could not not be considered a public servant.
Bureau Report
The division bench comprising Justices V G Palshikar and P V Kakade are expected to deliver the verdict after the conclusion of defence and prosecution's arguments on the applicablity of MCOCA.
Earlier, senior advocate V R Manohar, representing R S Sharma, told the court that the provision of MCOCA was not only wrongly applied on his client, but it is not even applicable to the prime accused, Abdul Karim Telgi. He cited various judgments of the Apex Court and High Court and submitted that at the most, his client could be booked under IPC or CRPC for his alleged role.
He said Sharma was not an investigating officer in the case. In fact, it was during his tenure as the Commissioner of Police, Pune, the scam accused were arrested and counterfeit stamp papers worth Rs 2,090 crore were seized.
Senior advocate Baba Chitnis, apprearing on behalf of the suspended Deputy Commissioner of Police Pradip Sawant, said the SIT had failed to make a case against Sawant under MCOCA. Advocate Nitin Pradhan, representating SJP MLA Anil Gote, argued that his client was booked under different sections of the MCOCA including section 21 of the Act which says that any public servant who renders any help or supports a member of a crime syndicate should be booked under the Act. However, his client is an MLA and could not not be considered a public servant.
Bureau Report