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ShareMumbai: The Bombay High Court today directed the police authorities to consider invocation of Maharashtra Control Of Organised Crime Act (MCOCA) against officers of Municipal Corporation of Greater Mumbai and Central Public Works Department in Sara-Sahara illegal construction case.
These officers, including the then Ward A officer Rajendra Wale, have not been prosecuted so far despite the investigating officer's opinion that they too were involved.
Former journalist Ketan Tirodkar had filed a PIL seeking prosecution of these three officers. In all nine persons were tried in Sara-Sahara case and three were convicted.
However, during the trial, investigating officer Shankar Kamble had told court that he did not arrest Wale despite having evidence against him, because he had "instructions from Mantralaya to go slow against Wale".
ACP Kamble further said that instructions had come from the then home minister and NCP leader Chhagan Bhujbal. Tirodkar had originally sought action against Bhujbal too, but he dropped this prayer later as High Court observed that there was no evidence against Bhujbal.
Division bench of Justices BH Marlapalle and Roshan Dalvi in today's judgement ordered commissioner of police to decide whether MCOCA should be invoked against Rajendra Wale, Devnath Kurmi and D G Tambulwadar before December 15.
The commissioner has to consider the case "in the light of evidence collected by investigating officer and opinion recorded by public prosecutor as well as high court's own observations", judges have said.
Sara and Sahara, the twin shopping complexes, came up on Central Public Works Department's land near Mumbai police commissioner's office in late 1990s. It was suspected that fugitive gangster Dawood Ibrahim funded the construction.
Eventually, nine persons, including four MCGM officers, were prosecuted under MCOCA for allowing the illegal construction on Central Government's land.
The high court has observed that "closing of cases against these three officers (Wale, Kurmi and Tambulwadkar) has resulted in miscarriage of justice" and "High Court must step in to set criminal law in motion".
While Wale is MCGM officer, Kurmi and Tambulwadkar are executive and assistant engineer respectively with CPWD at the relevant time. Interestingly, both the investigating officer as well as special public prosecutor in Sara-Sahara case were of the opinion that Wale and two others were guilty and should be prosecuted.
But the then joint commissioner of police Meeran Borwankar remarked that evidence was not enough to invoke MCOCA.
