Acquitted by an MCOCA court,a builder has moved the Bombay High Court against the police officials who had charged him under the stringent Act in the first place. He has sought action against some senior officers including DGP A N Roy and IG (CID) Meeran Borwankar,claiming they had falsely implicated him. The case relates to a construction dispute in which gangster Ravi Pujari is allegedly involved. The government,on its part,has appealed against the acquittal of the builder,Mahendra Agarwal,and that of six other accused,including Vishnu Nepali. The court has admitted the states appeal. Agarwals petition highlights the trial courts observation that there was no grain of evidence that will satisfy (the court) that any of the accused has committed any offence which is cognisable for imprisonment of three years or more. Agarwal and others were charged after a Brijlal Tiwari had complained that Agarwal and Madhukar Musale,partners of Monarch Builders,and some gangsters had been pressuring him to join a society so that the builders could construct a building allegedly at the behest of Pujari. Tiwaris complaint says Pujari himself had called him several times from abroad threatening him with grave consequences if he did not comply. Tiwari was also asked to pay Rs 10 crore if he did not agree to the demands,he alleged.The police arrested all the accused and slapped several charges under IPC and MCOCA for extortion,forgery,criminal conspiracy,criminal intimidation and being part of organised crime syndicate. Appearing for Agarwal,advocate Nitin Pradhan argued that an offence has to be registered against the officers and there has to be an investigation. Advocate Satish Borulkar appearing for Tiwari,a respondent to Agarwals petition,argued that such action against police officials would discourage the police against registering an offence. A division Bench of B H Marlapalle and Justice Mridula Bhatkar,however,said there cant be any fear. Only care and caution should be taken while booking people under stringent laws, Justice Marlapalle said. Counsel Amit Desai,appearing for the state government,argued there is no observation in the trial court judgment to suggest that the sanction for invoking MCOCA was without application of mind. Borulkar and additional public prosecutor H J Dedhia said the court has tagged Agarwals petition with the states appeal.
