The Delhi High Court  File Photo | EPS
Delhi

Police move Delhi HC against trial court’s MCOCA ruling

Challenging the ruling, the Delhi Police petitioned the High Court, arguing that overturning the trial court’s findings is crucial.

Shekhar Singh

NEW DELHI: The Delhi Police has urged the Delhi High Court to overturn a trial court order that denied them permission to interrogate an accused in a case filed under the Maharashtra Control of Organised Crime Act (MCOCA), asserting that the ruling obstructs the prosecution’s efforts against organised crime.

The case involves an FIR against alleged crime syndicate leader Hasim Baba, alias Asim. Police sought to interrogate Asrar, alias Israr, but the Karkardooma Court dismissed their request on January 18, 2025, questioning the FIR’s legal basis. The court stated that the FIR was based on a “wrong notion of law.”

Challenging the ruling, the Delhi Police petitioned the High Court, arguing that overturning the trial court’s findings is crucial. Justice Sanjeev Narula granted time for Asrar’s counsel to respond, scheduling the next hearing for March 5. The case was earlier heard on February 24.

Special Public Prosecutor Akhand Pratap Singh argued that despite Asrar being out on bail, denying his interrogation sets a concerning precedent that could hinder law enforcement’s ability to act against organised crime networks. Additional Sessions Judge Pulastya Pramachala, in rejecting the police’s plea, made sharp observations, stating that arresting someone on a legally flawed basis is unjustified.

The court also questioned the invocation of MCOCA, suggesting the alleged activities should have been linked to an earlier FIR (No. 232/2024).

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