Petitioners complained that their remand under MCOCA was granted by a judge other than the Special Judge, claiming illegal detention. The Court rejected the petition as the issue was not res-integra per previous precedent and noted subsequent validity by a Special Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1827 OF 2006.
Shaikh Shabbir Mustaque Ahmed And
Mohd. Husain Mohd. Yunus Saikh. ..Petitioners.
Versus.
State of Maharashtra (CBI). ..Respondent.
---
Shri. Maheen Pradhan - appointed Advocate for the
petitioner - accused who is in jail.
Shri. Raja Thakare, S.P.P. for the C.B.I.
CORAM: S.B.MHASE &
S.R.SATHE JJ
DATE: NOVEMBER 21, 2006.
P.C.
1. Heard. This is a petition by the accused
involved in the Maharashtra Control of Organised Crime
Act, 1999 (MCOCA), stating that their remand on the
specified date was not granted by the Special Judge
appointed under the MCOCA Act and it was granted by some
other Judge, therefore, their detention is illegal and
writ of habeas corpus be issued. The point is no more
res-integra. In the matter of Abdul Rashid Sikandar Sab
Kulkarni, (Criminal Writ Petition No. 1306 of 2006) this
Court has already held that there is no infirmity in such
a remand if subsequently the accused has been produced
:2:
before the Special Judge and Special Court Judge has
passed the remand orders. In the present matter, learned
counsel - Shri. Raja Thakare appearing on behalf of the
C.B.I.- respondent makes a statement that the further
remands have been granted by the Special Court - Judge.
Therefore, the petition is without any merit. It is
hereby rejected.
2. In this matter, Shri. Maheen Pradhan is the
appointed Advocate for the petitioners - accused who are
in jail, therefore, the cost of the said appointed
Advocate is quantified at Rs.500/- (Rs. Five hundred
only)
(S.R.SATHE,J.)(S.B.MHASE, J.)
:srp/sathe/2006/
1 issue framed by the court
Whether the detention of accused persons granted remand by a judge other than the Special Judge under MCOCA is illegal.
Colour shows how this judgement treated each authority
In the matter of Abdul Rashid Sikandar Sab KulkarniReferred¶14
In the matter of Abdul Rashid Sikandar Sab Kulkarni, (Criminal Writ Petition No. 1306 of 2006)
Shaikh Shabbir Mustaque Ahmed And Mohd. Husain Mohd. Yunus Saikh.
State of Maharashtra (CBI)
S.B.MHASE
S.R.SATHE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court