The Bombay high court on Wednesday stayed a Special Maharashtra Control of Organised Crime Act (MCOCA) court order, discharging eight accused charged for the 2012 Jangli Maharaj road serial bomb blast in Pune, and directed them to be tried only under the Unlawful Activities (prevention) Act.
A division bench of Justice PV Hardas and Justice Anuja Prabhudessai admitted the appeal filed by the Maharashtra Anti Terrorism Squad (ATS) challenging the order of the special court passed on August 2. The special court, while dropping the charge, had held that MCOCA cannot be applied to the accused as terrorist activities were not aimed at pecuniary gains, as defined under the Maharashtra law. While dropping the charge, the judges had said a person cannot be identified as offender simultaneously under the Unlawful Activities Prevention Act (UAPA) and MCOCA.
Advocate Raja Thakre, appearing for the ATS, said: "When there was material to attract the provisions of both UAPA and MCOCA, there was no ground to drop the charge under the latter law."
The bench has now posted the hearing of the appeal on September 16.
The ATS argued that when there was material to attract the provisions of both UAPA and MCOCA, there was no ground to drop the charge under the latter Act.
The defence argued that both MCOCA and UAPA cannot be applied together. They contended that the investigating agency had said the blasts were an act of terror and so MCOCA, which is generally invoked against organised crime syndicates, cannot be applied against them.
On August 1, 2012, four co-ordinated low-intensity explosions had occurred between 7.25pm and 11.30pm in Pune in which a man was injured. Bombs planted at two other places were, however, defused.
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