Bombay HC Rules Explained Delay Not Ground To Quash MCOCA Charges

The Bombay High Court has ruled that a nine-year delay in invoking the Maharashtra Control of Organised Crime Act (MCOCA) is not a sufficient reason to dismiss charges if the delay is reasonably explained. The decision was made by a bench of Justices A S Gadkari and R R Bhonsale in a case arising from a 2013 extortion FIR registered by the Juhu police over a land dispute in Powai, Mumbai.

The court dismissed a quashing plea filed in 2024 by two accused, Rajan Sujanani, 75, and Kishore Vatnani, 63. The duo had challenged the invocation of MCOCA against them in 2022. The bench noted that there was a prima facie case against them, and the delay in applying the law was justified due to the fear and intimidation caused by gangster Ravi Pujari.

The case stems from an alleged threat call made by Pujari on September 3, 2013, to a business owner regarding a dispute over land ownership and development rights between builders in Powai. According to the court, call transcripts indicated the threat was made at the behest of Sujanani and Vatnani.

Senior counsel Amit Desai, representing Sujanani and Vatnani, argued that a civil property dispute was being given a criminal colour. He also contended that the prior sanction for MCOCA prosecution was faulty because it did not factor in a November 2015 closure report.

The bench stated that civil disputes do not prevent criminal prosecution if criminal elements are present. It added that the validity of the prior sanction can be challenged during the trial, as the High Court's role at the quashing stage is only to determine if a prima facie case exists.

Meanwhile, on June 9, the court quashed the MCOCA case against a third accused, 64-year-old Mangesh Sawant. Represented by advocate Mutahhar Khan, Sawant argued that his name did not appear in the extortion call transcripts. The court agreed that he had been roped in on mere suspicion.

Additional public prosecutor Ashish Satpute, opposing the petitions, explained that the complainant had filed a protest petition against the 2015 closure report in 2017. After Pujari was extradited from Dakar, Senegal, in February 2020, the Esplanade court allowed the protest petition in December 2021.

Following this, witness statements were recorded, leading to the MCOCA sanction. The High Court accepted this explanation, noting that witnesses only found the courage to speak after Pujari's arrest, which reflects the natural conduct of an ordinary person.