SC: Use of violence not an essential condition to invoke provisions of MCOCA

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New Delhi, May 23 | The Supreme Court has observed that the actual use of violence is not an essential condition to invoke provisions of the Maharashtra Control of Organised Crime Act (MCOCA).

A bench comprising Justices Dinesh Maheshwari and Aniruddha Bose said: “Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime, when undertaken by an individual singly or jointly as part of organised crime syndicate or on behalf of such syndicate.”

The bench added that threat of violence or even intimidation or even coercion would fall within the mischief, and this apart, use of other unlawful means would also fall within the same mischief.

The bench noted that clause (e) of Section 2(1) of MCOCA makes it clear that ‘organised crime’ means any unlawful activity by an individual singly or jointly, either as a member of organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion or other unlawful means.

The bench said the suggestions on behalf of the appellant to limit the activity only to the use of violence is obviously incorrect when it omits to mention the wide-ranging activities contemplated by clause (e) of Section 2(1) of MCOCA, i.e., threat or violence or intimidation or coercion or other unlawful means.

The top court made these observations while hearing an appeal challenging the Bombay High Court order, Nagpur bench, which declined to entertain a plea by one Abhishek against invocation of MCOCA against him. Abhishek and others were accused in the alleged kidnapping of a restaurant owner in Nagpur in May 2020. They had sought Rs 20 lakh as ransom.

Abhishek argued that the authorities erred in interpreting the provisions of the special enactment. The police charged the accused under MCOCA as he has been named in multiple such cases of violence.

The top court noted that strict adherence by the authorities to the MCOCA requirements cannot be stretched beyond common sense and practical requirements in terms of the letter and spirit of the statute. It emphasized that the rule of strict construction of a penal statute cannot be applied in an unviable manner, which renders the statute itself nugatory.

However, the top court did not accept the appellant’s contention that to attract Section 2(1) (e) which deals with organised crime, use of violence is essential.

The bench noted that all cases against the appellant, either pending or disposed of, involved offences against human body and property, rioting and use of deadly weapons.

“The submissions on behalf of the appellant for consideration of his case because of application of stringent provisions impinging his fundamental rights does not take away the impact of the blameworthy conduct of the appellant,” noted the bench.

Dismissing the appeal, the top court said all the contentions urged on behalf of the appellant remain baseless and challenge herein ought to fail.

Source: IANS

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Share Market Closing Bell: Nifty ends above 15,500, Sensex gains 443 pts

Share Market Closing Bell: Nifty ends above 15,500, Sensex gains 443 pts

On a weekly expiry day, Nifty opened on positive note and have a dip to make an intraday low at 15367.50 level but showed bounce back moment as managed to close at 15556.65 level with a gain of 143 points. Bank Nifty closed the session at 33135 level with a gain of 289.70 points. 45 Out of Nifty 50 ended in green which suggest broad based buying.

All the sectoral indices managed to close in green expect Energy while Nifty Auto was top gainer. Among Nifty Stock, MARUTI, EICHERMOT, HEROMOTOCO & M&M were the top gainers, While RELIANCE, COALINDIA, POWERGRID & GRASIM were the prima laggards. India VIX closed at 20.88 level with a loss of 1.97%. On Technical Front, The Nifty has formed bullish candle but faced resistance at 21 Four-Hourly Moving Average i.e., 15647 which suggest crossing above the same can show more upside rally.

Nifty has been trading in range of 15200-15700 level while breaching either side can suggest further direction of breakouts. Nifty has given above 50-Hourly Moving Averages which indicate it can show upside moment in the counter. On the Nifty OI Data, On the call side ,the highest OI witnessed at 16000 level while on the put side was at 15500 Niftg level followed by 15300 levels. The momentum indicators Stochastic is trading with a positive crossover on a daily chart which suggest northward journey in the Nifty.

The Nifty may find support around 15200 levels while on the upside 15700 may act as an immediate hurdle. On the other hand, Bank Nifty has support at 32300 levels while resistance at 33800 levels.

Overall, Sector specific momentum has been observed, crossing above 15700 Nifty can show more upside rally.

Market entering into buy on dips pattern.

Palak Kothari
Senior Technical Analyst
Choice Broking

Source: Choice India

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The information contained in this post is source form the news agency or PR agency. We do not take any responsibility of accuracy of information. We have not made any modification or changes in original source content. This information only for general information purposes only. The information is provided by BhaskarLive.in and while we Endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the post for any purpose.

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