Organised crimes not restricted to particular state: SC



Image result for supreme COURT

New Delhi, Oct 22: Organised crime is not restricted to a "particular state" and a trial court can take note of charge sheets filed against offenders outside the state for invoking the stringent MCOCA, the Supreme Court has held.



The Maharashtra Control of Organised Crimes Act (MCOCA), which is in force in Delhi too, is invoked against offenders to curb the menace of organised crimes.



A bench comprising justices S A Bobde and L Nageswara Rao made the observation while dealing with the appeal of Delhi government against an order of the high court.



The high court had upheld a trial court order discharging Uttar Pradesh-based alleged gangster Brijesh Singh from the charges under the MCOCA on many grounds, including that the charge sheets, pertaining to running of organised crimes syndicate, were filed in cases outside the national capital.



The apex court, which upheld the order of the high court, said "the words 'competent Court' in Section 2(d) of MCOCA is not restricted to courts in Delhi and charge sheets filed in courts in other states can be taken into account for the purpose of constituting continuing unlawful activity".



"The commission of crimes like contract killings, extortion, smuggling in contrabands, illegal trade in narcotics, kidnappings for ransom, collection of protection money and money laundering etc by organised crime syndicates was on the rise.



"To prevent such organised crime, an immediate need was felt to promulgate a stringent legislation. The government realised that organised crime syndicates have connections with terrorist gangs and were fostering narcotic terrorism beyond the national boundaries.



"The MCOCA was promulgated with the object of arresting organised crime which was posing a serious threat to the society. The interpretation of the provisions of the MCOCA should be made in a manner which would advance the object of the MCOCA," the bench said in a 34-page judgement.



Justice Bobde, writing the judgement for the bench, said the menace of organised crime posed a serious threat to civil society and there was a need for making special provisions for prevention and control of criminal activities of the organised crime syndicates and gangs.



This need was recognised by the Maharashtra Legislature which brought the MCOCA in 1999, it said.



The top court considered the question whether charge sheets filed in competent courts outside the National Capital Territory of Delhi can be taken into account for the purpose of constituting a "continuing unlawful activity" and booking offenders under the MCOCA.



It also dealt with the question whether there can be prosecution under the MCOCA without any offence of organised crime committed under the jurisdiction of the particular court.



It held that the words 'competent court' under the MCOCA was not restricted to the courts of a particular state where the law is in force and charge sheets filed in courts in other states can also be taken into account for the purpose of constituting continuing unlawful activity.



The apex court also held that an offender cannot be prosecuted under MCOCA without an organised crime being committed within Delhi.

PTI

Related news

Don’t Miss

Ex-Nepal PM's only son dies of cardiac arrest
Kovind, Modi pay tribute to Indira Gandhi on birth centenary
Leh freezes at minus 7.9 degrees Celsius
Miss World is Indian after 17 years..Know who is Manushi Chhillar
BIG setback for Hardik Patel, former aides join BJP before mega rally
Bhutia offers training to Lashkar-returned Kashmiri footballer
Shocking!Tapsee body shamed, abused for this PIC..actress hits back hard
Money hungry Trump decides to sell WEDDING CAKE!
Furious Deepika LAUGHS at Rajputs!
PM Modi's fan Rahul Roy does 'Aashiqui' with BJP
Live: India 172 allout at lunch after lower-order collapsed
Cement bag costs Rs 8000 at this border town in Arunachal
Earthquake ROCKS southern China
What, Heidi Klum sunbathes naked
Airtel has this amazing gift for you!
Another Earth found..Humans can live there
Jai Hind..Army snatches Kashmiri footballer from Lashkar terrorists
Bigg Boss 11: What Shilpa Shinde did with Luv and Aakash in dark room?
Amitabh Bachchan SHAMES son Abhishek!
Zabardast! Rs 1.3 crore GIFT for Taimur!
Congress mocks rating upgrade..Modi, Moody's in dream world
Prez, VP continue to get less salary than top babus, chiefs
Gujarat regressed in last 22 years: Chidambaram
Earn more than Rs 1 lakh/per month; Bumper jobs here
Scorecard: Sri Lanka lead India by 91 runs at lunch on Day 4
Ethiopians sweep Airtel Delhi Half Marathon 2017 races
SRK shares pic with these B'wood beauties
Wishes pour in for Manushi Chhillar
President Kovind congratulates Chhillar
Best pictures of Miss World 2017 Manushi Chhillar

Most Popular