Marlapalle, J.

1. Rule. The petition has been heard for final disposal by consent of the parties.

2. The petitioner who is one of the accused in Special MCOC Case No.11 of 2004 while in custody in connection with the said case, has forwarded his petition through the central prison at Mumbai on 26.9.2007.

3. According to the petitioner when the Investigating Officer Shri S.S. Kamble, (retired ACP) of DCB(C.I.D.) was in the witness box for recording his depositions in Special MCOC Case no.3 of 2003, he was present in the said court and the depositions of the said Investigating Officer indicated that he wanted to arrest Shri Rajendra Vale, Dy.Municipal Commission of Greater Mumbai in connection with Special MCOC Case No.3 of 2003, but was prevented from doing so at the instructions of the Home Minster and the Police Commissioner, Mumbai. It is his case that the depositions of Shri S.S. Kamble indicated that there was nexus between the officers of the Municipal Corporation of Gr. Mumbai, the accused and the Senior Police Officials as well as the Home Minster and therefore Shri Vale was not allowed to be impleaded as one of the accused in Special MCOC Case No.3 of 2003. He therefore sought following reliefs from this court viz.:

a) To register an F.I.R. against the Home Minster and the Police Commissioner of Greater Mumbai for committing offences punishable under section 3(3) of M.C.O.C. Act, and b) to appoint Dr. Prdnya Sarvade, the Additional Commissioner of Anti Corruption Bureau as the Investigating Officer, head of special team for investigating and submitting a report to Ms.Chitkala Zutshi, Additional Chief Secretary (Home), and other consequential reliefs.

4. At the relevant time the petitioner was in jail and therefore amicus curiae was appointed, but subsequently he appointed an advocate after his release on bail in Special MCOC Case No.11 of 2004.

5. This court in its order dated 16.10.2008, in regard to the prayer to register the F.I.R. against the Home Minster and the Commissioner of Police made the following observations:

“To invoke the provisions of MCOC Act, the Petitioner ought to have before this court satisfied the predicates of the provisions of the MCOC Act to show that the concerned Minister was also a part of the Organised Crime Syndicate. There is no such material placed before us. In our opinion, the mere statement of I.O. in that court at this stage cannot support to draw an inference that the provisions of MCOC Act has been made out”

6. In the subsequent order dated 12.12.2008, by noting down the seriousness of the depositions of Shri Kamble and on perusal of the original files submitted by the learned Public Prosecutor, this Court directed the Dy.Chief Minister/Home Minister, Home Secretary, the then Commissioner of Police-Mumbai and the Director General of Police Maharashtra State, to file individual affidavits. Accordingly the affidavits have been filed.

7. On considering the files and the affidavits filed by the abovementioned officers/authorities as well as Shri S.S. Kamble, the petition was allowed to be amended and the following prayer came to be added:

“(aa) That in the interest of justice and equity this Hon’ble Court may be pleased to direct the respondents with appropriate writ/directions for prosecuting/charging then the Ward Officer Mr. Vale Rajendra and other responsible C.P.W.D. Officers and Police Officers for facilitating the illegal construction activities by the organised crime syndicate headed by Dawood Embrahim under section 3(3) of MCOC (Maharashtra Control of Organized Crime Act, 1999) and under other provisions of penal law”

It was made clear to the learned counsel for the petitioner that the scope of the petition was limited only to the amended prayer. We agree with the opinion recorded in the earlier order dated 16.10.2008, that there is no case to register an F.I.R. against the Home-Minister and Police Officers under the MCOC Act, and therefore proceed to decid