Misuse of S. 111 BNS | SC stays arrest of YSR Congress Party’s social media head for 2 weeks
The petitioner alleged that S. 111 of Nyaya Samhita, 2023 is being misused as a tool to stifle the voice of the opposition party.
organised crime
‘All the sanctions were passed without due application of mind’; Delhi Court acquits accused persons alleged to have committed organized crime for lack of legal ingredients to invoke MCOCA
‘Merely by giving a list of past cases, neither existence of crime syndicate nor commission of organized crime stands proved.’
Delhi High Court grants bail to accused alleged in organised crime with Sukesh Chandrashekhar in extortion case
The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
Delhi High Court refuses bail to Leena Paulose wife of Sukesh Chandrashekhar in 214 crore extortion case
Delhi High Court observed that at the stage of bail, the mini trial is totally prohibited. However, the record amply indicates that Leena Paulse was involved in the organized crime syndicate. It is unbelievable that such huge amount of money were coming in her account and she was accepting the same only as a dutiful wife.
Person cannot be tried under MCOCA/GUJCOCA once he ceases to indulge in any unlawful act after its coming into force: Supreme Court
The Supreme Court also held that the dictum as laid by this Court in State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 is the correct exposition of law and does not require any relook.
Confessions made to Additional SP under Section 12 MCOCA not inadmissible; rank of SP includes SP, Additional SP, DCP: SC
“A difference in the seniority of a particular officer is not the same as a difference in their ranks.”
More than one chargesheet is necessary for invoking provisions of Gujarat Control of Terrorism and Organised Crime Act, 2015: Supreme Court
Supreme Court: The Division Bench comprising B.R. Gavai and Hima Kohli, JJ., (Vacation Bench) reversed the order of the Gujarat High Court,
‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender
Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man
Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC
Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,
‘Competent Court’ under MCOCA is not restricted to Courts in Delhi; Charge sheets filed in other States can be taken into account
Supreme Court: The bench of SA Bobde and L Nageswara Rao, JJ defined the scope of the words ‘competent Court’ in Section