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2015 Supreme(SC) 320

FAKKIR MOHAMED IBRAHIM KALIFULLA, A.M.SAPRE
Prasad Shrikant Purohit – Appellant
Versus
State of Maharashtra – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The definitions of ‘Continuing unlawful activity’, ‘organized crime’, and ‘organized crime syndicate’ are closely interconnected, and activity under these definitions includes involvement in violent acts for pecuniary gain, to promote insurgency, or on behalf of an organized crime syndicate (!) (!) .

  2. To invoke the provisions of the relevant law, there must be evidence of more than one charge-sheet filed within the preceding ten years, with the Court having taken cognizance of such offences, and the activity should have been undertaken either singly or jointly, as a member of or on behalf of an organized crime syndicate (!) (!) .

  3. The relevant date for counting the ten-year period is the date of the third activity (or occurrence), and the Court's taking of cognizance in earlier cases (such as in Parbhani and Jalna) was properly established based on the filing of charge-sheets and the Court's cognizance within the specified period (!) (!) (!) .

  4. The process of taking cognizance by a Magistrate occurs when the Magistrate applies his or her judicial mind to the facts of the case, which can be established through the filing of police reports and charge-sheets, and supplementary charge-sheets do not amount to fresh cognizance (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  5. The Court's jurisdiction to take cognizance is linked to the filing of charge-sheets before a competent Court and the Court having taken cognizance within the ten-year period, which can be fulfilled by the initial filing in the Magistrate's Court, not necessarily requiring a Sessions Court's involvement (!) (!) (!) (!) (!) .

  6. The involvement of the same organized crime gang or syndicate across different cases is a relevant factor but not an absolute requirement for invoking the law, provided that the activities are linked through nexus or association, and the Court must examine the evidence for such nexus (!) (!) .

  7. The element of violence used in the activities can be for various purposes, including pecuniary benefits, economic advantage, or promoting insurgency, and the law does not require that all violent acts be for pecuniary gain specifically (!) (!) .

  8. The term ‘promoting insurgency’ is understood as creating a significant disturbance or threat to public order and national sovereignty, and does not necessarily require a direct link to pecuniary benefit, but rather a grave threat to peace and tranquility (!) (!) .

  9. The application of the law is stringent, requiring clear evidence of nexus with organized crime, prior involvement in similar activities, and the involvement of organized crime syndicates, but the Court recognizes that the assessment of such nexus can be based on the available evidence and the application of judicial discretion in bail considerations (!) (!) (!) .

  10. The Court emphasizes the importance of timely and expeditious trial proceedings, especially when significant time has elapsed since the occurrence, and directs the authorities to ensure speedy trial and proper posting of cases (!) (!) .

  11. The Court clarifies that the focus of cognizance is on the offence itself, not necessarily on the individual offender, and that filing of police reports and charge-sheets, along with the Court's application of judicial notice, fulfills the requirement of cognizance (!) (!) (!) (!) .

  12. The law also provides safeguards and procedural requirements, such as prior approval for recording information and investigation under the law, and sanctions before taking cognizance, which are to be strictly followed for valid proceedings (!) (!) (!) (!) .

These points collectively outline the legal principles governing the invocation of the law related to organized crime, the process of taking cognizance, the relevance of prior cases, and procedural safeguards, all aimed at ensuring proper legal procedure and evidentiary standards.


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. Leave granted in SLP (Crl.) No.8132 of 2010 and SLP (Crl.) Nos.9370-71 of 2011.

2. As in all the above appeals the issue that arises for consideration is the applicability of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter called “MCOCA”), all these appeals are disposed of by this common judgment.

3. Criminal Appeal Nos.1969-70/2010 have been preferred by Lt. Col. Prasad Shrikant Purohit challenging the judgment in Criminal Appeal No.867 of 2009 which was disposed of by the common order passed by the Division Bench of the Bombay High Court in Criminal Appeal Nos.866, 867, 868, 869 and 1024 of 2009 dated 19.07.2010. By the said order the Division Bench reversed the order of the Special Judge dated 31.7.2009 passed in Special Case No.1 of 2009 wherein he held that the charges against the accused in C.R.No.18 of 2008 registered with Anti-Terrorist Squad, Mumbai (hereinafter referred to as “ATS”) under the MCOCA do not survive and were discharged from the case. The Special Court by invoking Section 11 of the MCOCA directed the case to be tried by the regular Court. The Division Bench while allowing the Criminal Appeal Nos





















































































































































































































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