Court retains MCOCA tag on Malegaon

The Bombay high court on Tuesday said that investigations in the Malegaon blast case could continue under the Maharashtra Control of Organised Crime Act (MCOCA).

The state government had challenged a special court’s order to revoke the MCOCA charge slapped on the accused in the case, including Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit. Arguing for the state government, senior counsel Harish Salve told the court that the three accused were still absconding and though the charge sheet had
been filed, investigations were on.

The government said the special court had exceeded its powers by quashing the additional director general of police’s order granting sanction for investigation and prosecution of the accused under the stringent MCOCA. The state said that the court might hold the sanction to be invalid, but not quash it.

The court said while the revoking of the charge was under challenge, it would “not be an impediment for investigations under any act, including MCOCA”. In other words, the special court’s order will not come in the way of investigations. The court has given the 11 accused time till October 6 to file their replies.

The government had contended before the special court that accused Rakesh Dhawade had another criminal antecedent within 10 years, which is a prerequisite under MCOCA, and the others were booked as his co-conspirators.