MCOCA means Maharashtra Control of Organized Crime Act 1999 applies to the entire State of Maharashtra. The Home Ministry of the Government of India extended the applicability of MCOCA to the National Capital Territory of Delhi as well, by a notification dated 2 January 2002. MCOCA overrides all other Indian laws, and will prevail over any Indian law that conflicts with the provisions that MCOCA contains. MCOCA defines ‘organized crime’ as “any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person or promoting insurgency,” and further defines an ‘organized crime syndicate’ as consisting of two or more persons who singly or collectively engage in organized crime.
For the purpose of invoking the provisions of MCOCA law the concerned police station where the FIR is lodged and investigation is carried on by the Investigation Officer of the said FIR and if he comes to the conclusion that the allegation of the FIR is so serious then he can sought to make proposal to invoke the MCOCA law then the said IO of the case has to put up the Investigation Case Papers of of the case before the Competent Authority i.e. Commissioner of Police in the rank of IGP, Deputy IGP, and above and then after presenting the investigation papers before the said competent authority, the commissioner of police or additional commissioner of police can scrutinize the case papers of the case and allowed the police and give approval of invoking the law of MCOCA in the said case and then as per the law the investigation to be carried over by the officer of Asst. Commissioner of Police or Dy. S. P. and then the said ACP put the case papers before the Commissioner of Police/IGP/DyIGP to sanction to initiate action against the accused persons under the MCOCA law.
Presenting the case arisen from Navi Mumbai which speaks that one complainant Sagar Joshi employee of one internet company filed FIR against members of the Organized Crime Gang and he also made allegation that the said Gang was activated at the behest of their rival competitor and then after lodging the FIR the concerned police officials of the police station seeing the Gravity of the offence sought to transfer the investigation to the specialized Crime Branch and then the said Crime Branch taken almost 1 year to investigate the offence and came to know that offence against the members of organised gang and their syndicate the rival internet competitors is prima facia established and then IO of the said case sought permission to invoke MCOCA Law in the case and then he put up the entire investigation case papers before the office of Additional Commissioner of Police, Navi Mumbai to seek prior approval to investigate the case under MCOCA law and then said officer which is competent authority given approval to investigate the under MCOCA law and thereafter as per the law investigation was again transferred from the hands of local crime branch officer to the hands of Asst. C. P. and so ACP, Vashi was appointed to investigate the case. Interestingly in the approval order to investigate the offence the said competent authority passed an order to investigate the matter under MCOCA against all the accused i.e. members of the organised gang and their associates i.e. the rival member of the internet company of the complainant company.
Thereafter the Asst. C. P. investigated the case under MCOCA and filed his case papers before the office of Commissioner of Police to give sanction to file charge sheet against the accused under MCOCA act and then when the complainant seen the order of the commissioner of police he was surprised and shock as the commissioner in his sanction order said that the IO of the case had not sought investigation against all the accused in the said case whereas the Additional Commissioner of Police passed an order of approval against all the accused but surprisingly the commissioner of police had not mentioned the said facts and only said the IO of the case only asked Sanction to proceed under the MCOCA law only against the members of the organised gang and not against the other persons. And then the order of the Commissioner of Police refused to give sanction to invoke the law of MCOCA act against the accused in the said case.
Now the case of the complainant has become very weak due to the said ambiguous order and in the said case accused who are participated in actual crime are not being charge sheeted by the said ACP and further said ACP in view of faulty order of Commissioner of Police for not give sanction to prosecute or to file charge sheet under MCOCA act the prime accused perpetuators of the crime who are rival competitors of the complainant company enjoying the faulty order of the matter. Now complainant started receiving death threats of after lodging the said FIR and he slowly loosing interest of whether he will really get justice in the matter or not but definitely expecting the Bullet from the opposite group.
For the public interest by Ad. Anil Bugde.
