ATS may book Sadhvi under MCOCA
The ATS is planning to invoke stringent MCOCA on eight accused.
By TNN |
MUMBAI: The anti-terrorism squad (ATS) investigating the Malegaon blast case is planning to invoke the stringent Maharashtra Control of Organised Crime Act (MCOCA) on the eight accused.
The ATS has booked the eight including Pragya Singh Thakur under the Unlawful Activities (Prevention ) Act 1967 and sections of IPC for murder and attempt to murder and Explosives Act. However the police are still to book them under section 121 of the IPC for waging war against the nation.
Sources said the bombing amounts to an organised crime, one of the pre requisites for invoking MCOCA. A senior ATS officer said to invoke MCOCA, one of the accused should have at least one chargesheet against him in a criminal case. A chargesheet is filed in the court by the investigating agency after the completion of the investigation.
In the current case, there are two chargesheets against arrested accused Ramesh Updhayay, who runs a printing press in Pune. Upadhayay has two previous cases of harassment and outraging the modesty of women registered at two police stations. He has been chargesheeted in both the cases. An ATS officer said, ������ Right now we are examining the two cases. Once we scrutinise it we will be able to comment on it. But there is no discrimination against anybody.������
Meanwhile, advocate Amin Solkar who represents eight of the 20 members of Indian Mujaheedin who are accused of planting bombs in Ahmedabad , Surat, Jaipur, Hyderabad and July 2006 train bomb blasts said, ������ I feel the police are not fair by not invoking the section of waging war against the nation against the accused arrested by ATS.������
Solkar wondered why the government has not taken action against those political organisations like Shiv Sena and BJP who openly claim that they are proud of the accused and they will providing legal assistance to the arrested accused in the Malegaon case.
Advocate Majeed Memon said, ������ The gravity of the crime and the availability of evidence are the guiding factors for applications of stringent provision of law such as MCOCA. Whether it is sadhvi module or members of Indian Mujaheedin or anyone else it does not make any difference in the eyes of our laws and our legal system.������
The ATS has booked the eight including Pragya Singh Thakur under the Unlawful Activities (Prevention ) Act 1967 and sections of IPC for murder and attempt to murder and Explosives Act. However the police are still to book them under section 121 of the IPC for waging war against the nation.
Sources said the bombing amounts to an organised crime, one of the pre requisites for invoking MCOCA. A senior ATS officer said to invoke MCOCA, one of the accused should have at least one chargesheet against him in a criminal case. A chargesheet is filed in the court by the investigating agency after the completion of the investigation.
In the current case, there are two chargesheets against arrested accused Ramesh Updhayay, who runs a printing press in Pune. Upadhayay has two previous cases of harassment and outraging the modesty of women registered at two police stations. He has been chargesheeted in both the cases. An ATS officer said, ������ Right now we are examining the two cases. Once we scrutinise it we will be able to comment on it. But there is no discrimination against anybody.������
Meanwhile, advocate Amin Solkar who represents eight of the 20 members of Indian Mujaheedin who are accused of planting bombs in Ahmedabad , Surat, Jaipur, Hyderabad and July 2006 train bomb blasts said, ������ I feel the police are not fair by not invoking the section of waging war against the nation against the accused arrested by ATS.������
Solkar wondered why the government has not taken action against those political organisations like Shiv Sena and BJP who openly claim that they are proud of the accused and they will providing legal assistance to the arrested accused in the Malegaon case.
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Advocate Majeed Memon said, ������ The gravity of the crime and the availability of evidence are the guiding factors for applications of stringent provision of law such as MCOCA. Whether it is sadhvi module or members of Indian Mujaheedin or anyone else it does not make any difference in the eyes of our laws and our legal system.������
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