The Supreme Court has held that the stringent MCOCA (Maharashtra Control of Organised Crime Act) cannot be invoked against an accused without prior sanction of a senior police officer.
Interpreting Section 23 of the MCOCA Act, the apex court said neither a court nor a police officer can take cognizance of an offence under the Act without the sanction of an officer of the rank of Additional Director General of Police (ADGP) or Deputy Inspector General as the case may be.
While a court taking cognizance has to take prior sanction of an officer of the rank of an ADGP, a police officer is required to take sanction of a DIG rank officer, if he or she is take cognizance of an offender under the Act, the apex court.
The apex court passed the ruling while quashing the directions passed by the Special MCOCA Court in Mumbai against 14 persons, including eight police officers of Maharashtra.
The special court, by an order dated August 24, 2004, had directed Maharashtra government to constitute a Special Investigation Team (SIT) headed by Joint Commissioner of Police Meera Borvankar to probe certain charges against the police officers.
