Court raps police for invoking MCOCA in IPL spot fixing case
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New Delhi: A court here has come down on police for invoking stringent MCOCA in the IPL spot-fixing case saying the application of mind was a must in applying the law as it has "serious consequences" on the liberty of individuals.
"The police officer, who is of the rank of Additional Commissioner of Police, is required to apply his mind before invoking the Maharashtra Control of Organised Crimes Act and it should so reflect in the approval order," Additional Sessions Judge Vinay Kumar Khanna said while granting bail to various accused, including S Sreesanth, in the case.
The court, in its 25-page-order, said the "stringent provisions of MCOCA" are prone to be "misused" by the investigative agency.
"The court hearing the bail applications has to guard against it (misuse) and has to perform a profound role of 'gate keeping' and as a guardian. The court cannot sit as a mute spectator and accept the story of prosecution as a 'gospel truth'," it said.
Delhi police had invoked MCOCA against Sreesanth, his Rajasthan Royals teammates Ankeet Chavan, Ajeet Chandila and other 25 accused. It alleged Sreesanth and others were in contact with underworld don Dawood Ibrahim and Chhota Shakeel.
The court, however, said "none of the applicants (Sreeshath and others) was in touch with Salman, a bookie of Pakistan, or with Javed Chutani, Dawood or Chhota Shakeel.
"On deeply probing the material pointed out by the prosecution, prima facie, it cannot be observed that the applicants are members of organised crime syndicate.
"There is no satisfactorily material on record to indicate any nexus of the accused with the 'underworld' or any organised crime syndicate and on the basis of mere conjecture and surmises, no such link between the accused and the alleged hardcore criminals can be inferred."
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