Court Acquits Brothers, Questions Validity of MCOCA Sanction: Delhi's Karkardooma Verdict
Delhi's Karkardooma Court acquitted three brothers charged with running an organized syndicate, citing improper approval under the Maharashtra Control of Organised Crime Act. The court criticized the lack of due diligence in sanctioning and highlighted insufficient evidence proving a crime syndicate. The accused spent over eight years in custody.
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In a significant legal development, Delhi's Karkardooma Court has acquitted three brothers, accused of orchestrating an organized crime syndicate, due to invalid sanctions under the Maharashtra Control of Organised Crime Act (MCOCA). The court found that the required sanctions for the case's registration were given "without due application of mind" by the competent authorities.
The case, initially registered in 2013 at Delhi's Police Station Seelampur, also involved the accused's father, Mohd Iqbal Gazi, who passed away during the trial. Special Judge Pulastya Pramachala noted that the accused, Mohd Umar alias Pau, Kamaluddin alias Kamal alias Bilal, and Mohd Jamal alias Ranjha, were cleared of all charges due to inadequate legal grounds and missing key requirements for invoking MCOCA.
The judgement, delivered on October 15, emphasized the prosecutor's failure to substantiate claims of organized crime and acquisition of properties through criminal proceeds. Furthermore, the court criticized the prosecution's reliance on confessions that lacked corroborative evidence and stressed that listing past cases was insufficient to prove organized crime or syndicate existence.
(With inputs from agencies.)