‘Sanctions not Valid’: Delhi Court acquits three brothers accused in 2013 MCOCA Case

Special Judge (MCOCA) Pulastya Pramachala acquitted Mohd Umar alias Pau, Kamaluddin alias Kamal alias Bilal and Mohd Jamal alias Ranjha of the offences under MCOCA.

New Delhi: Delhi’s Karkardooma Court has acquitted three brothers accused of running an organised syndicate. The court ruled that the sanctions for registering the case under the Maharashtra Control of Organised Crime Act (MCOCA) were given “without due application of mind” by the competent authority.
The case under the Maharashtra Control of Organised Crime Act (MCOCA) was registered at Police Station Seelampur in August 2013 against the accused persons along with their father, Mohd Iqbal Gazi.

Special Judge (MCOCA) Pulastya Pramachala acquitted Mohd Umar alias Pau, Kamaluddin alias Kamal alias Bilal and Mohd Jamal alias Ranjha of the offences under MCOCA. One of the accused, namely Mohd Iqbal Gazi, died during trial.

“I find that accused Mohd Umar alias Pau, Kamaluddin alias Kamal alias Bilal and Mohd. Jamal alias Ranjha are acquitted of all the charges levelled against them in this case,” ASJ Pramachala said in the judgement dated October 15.

After an order passed by the court, Delhi police registered on August 14, 2013, under Section 3(2) and (4) of MCOCA at Police Station Seelampur. After registration of the case, the investigation was assigned to the then ACP, Seelampur.

While acquitting the accused persons, the court held that the sanction for registering the case under MCOCA was not valid. The court said that the foregoing discussion and findings in respect of this case, leave no doubt that sanction for registration of FIR in this case was accorded without caring to see if there was so much information given in the proposal or otherwise, so as to satisfy the requisite conditions to invoke MCOCA.