The Hindu : Former Mumbai police chief's petition dismissed

Online edition of India's National Newspaper
Wednesday, Feb 18, 2004

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Former Mumbai police chief's petition dismissed

By Our Special Correspondent

MUMBAI, FEB. 17. The Bombay High Court today dismissed a petition by the former Police Commissioner of Mumbai, R.S. Sharma, an accused in the Telgi stamp scam, challenging the application of the Maharashtra Control of Organised Crime Act (MCOCA) against him. A Division Bench, comprising Justice V.G. Palshikar and Justice P.V. Kakade, which dismissed the petition, upheld the State's view that the matter be raised before the trial court. It also dismissed similar petitions of two other accused — the Deputy Police Commissioner, Pradeep Sawant, and Anil Gote, legislator.

V. Manohar, Mr. Sharma's lawyer, had argued that the Act could be invoked only in cases where threats, coercion or violence were used. Since no such crime took place in the stamp scam, which involved only the printing and selling of fake stamps, the MCOCA could not be applied even against the main accused, Abdul Karim Telgi and, therefore, it could not be used against the other accused.

Nitin Pradhan, Mr. Gote's advocate, had told the court that Mr. Gote was facing corruption charges as a public servant though he was a legislator. He had sought the Court's definition of public servant under the Act. The contention of the Maharashtra Advocate-General, Goolam Vahanvati, was that it was premature for the accused to approach the High Court when they could move the trial court. Mr. Sharma was arrested on December 1 last, within a day of his retirement. The MCOCA Court in Pune had, earlier, rejected his application for bail. The High Court is expected to hear his bail plea on February 24.

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