Delhi HC sets aside trial court's finding FIR against Hashim Baba under MCOCA on wrong foundation

New Delhi [India], March 6 : The Delhi High Court on Thursday set aside an order passed by the trial court in a case against gangster Hashim Baba. The trial court had observed that the FIR against Hashim Baba and his syndicate under MCOCA was based on a wrong foundation.
The trial court had declined permission to interrogate Asrar, an alleged associate of Hashim Baba, under MCOCA.
Justice Sanjeev Narula, after hearing the submissions of Delhi police special public prosecutor (SPP) Akhand Pratap Singh, set aside the trial court order passed on January 18, 2025. The High Court said that the trial court order was erroneous and couldn't stand. The detailed order is to be uploaded.
Delhi police had prayed for setting aside the order of the trial court declining permission to interrogate the accused persons. He has already been enlarged on bail. Delhi police had sought a permission to interrogate and arrest Asrar, who is named as an accused in an FIR registered under Section 3 of the Maharashtra Control of Organised Crime Act, 1999 at Police station (PS) Gokul Puri.
The said application was filed when Asrar was in judicial custody after arrest in an Arms Act case
Delhi police submitted before the High Court that since there is judicial finding declining the Appellant's request to arrest and interrogate the Respondent, this finding needs to be set aside for the prosecution to proceed further.
While rejecting the application of Delhi Police on January 18, Additional Sessions Judge (ASJ) Pulastya Pramachala said, "Therefore, I find that this FIR is based on wrong foundation and wrong notion of law. For this reason, allowing arrest of any person in this FIR, shall not be appropriate, because when foundation of this case is based on wrong notion and application of law, then certainly taking away liberty of anyone in such case cannot be legal."
"In view of my foregoing discussions, observations and findings, application of IO thereby seeking interrogation and arrest of accused Asrar alias Israr alias Popat, in this FIR, is rejected," ASJ Pramachala ordered on January 18, 2025.
The trial court had asked about the illegal activities that triggered the invocation of MCOCA.
The trial court had said that if the activity reported in FIR No.232/2024 was actually being treated as the latest instance of continuing unlawful activity on the part of a crime syndicate, so as to invoke MCOCA, then the provisions of MCOCA were to be added in FIR No. 232/2024 , rather than registering this FIR separately under Section 3 MCOCA only.
"However, as already mentioned herein-above this FIR even does not refer to the activity reported in FIR No.232/2024 as taken to be latest continued unlawful activity of the crime syndicate," the ASJ Pramachala held.
He said,"Contents of this FIR reflect that probably a wrong notion of definition of Section.2 (d), 2(e) and 2 (1) MCOCA was nurtured. That is the reason that rather than pointing out to details of a third instance of alleged organised crime, reference to FIR 232/24 was simply given along with the description of other past cases."
The High court said that a seperate FIR can be registered under MCOCA by Delhi Police.