2009 (5) TMI 995 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction and powers of the Special Court under MCOCA.
2. Interplay between Section 9(1) and Section 23 of MCOCA.
3. Requirement of sanction under Section 23(2) for taking cognizance on private complaints.
4. Applicability of Section 156(3) Cr.P.C. in the context of MCOCA.

Detailed Analysis:

1. Jurisdiction and Powers of the Special Court under MCOCA:
The Special Court under MCOCA can take cognizance of any offence without the accused being committed to it for trial upon receiving a complaint of facts constituting such offence or upon a police report of such facts (Section 9(1)). The Special Court combines magisterial functions at the stage of cognizance and the powers of a Court of Session at the stage of trial (Section 9(4)). The Special Court has the authority to directly take cognizance of offences under MCOCA, eliminating the committal process.

2. Interplay between Section 9(1) and Section 23 of MCOCA:
Section 9(1) allows the Special Court to take cognizance of offences based on private complaints or police reports. However, this power is controlled by Section 23(2), which mandates that no Special Court shall take cognizance of any offence under MCOCA without the previous sanction of a police officer not below the rank of Additional Director General of Police. Section 23(1) further stipulates that no information about the commission of an offence of organized crime shall be recorded by a police officer without prior approval from a Deputy Inspector General of Police, and no investigation shall be carried out by an officer below the rank of Deputy Superintendent of Police.

3. Requirement of Sanction under Section 23(2) for Taking Cognizance on Private Complaints:
The Court held that even for private complaints, the Special Judge must obtain sanction from the competent authority as per Section 23(2) before taking cognizance. This requirement ensures that the stringent provisions of MCOCA are not misused and that there is a safeguard against false and malicious prosecutions. The majority view of the Full Bench of the Bombay High Court, which held that Section 9(1) was independent of Section 23, was negated. The minority view, which emphasized the necessity of sanction under Section 23(2) even for private complaints, was upheld.

4. Applicability of Section 156(3) Cr.P.C. in the Context of MCOCA:
The Court ruled that the Special Judge under MCOCA is not entitled to invoke Section 156(3) Cr.P.C. to order a special inquiry on a private complaint and take cognizance thereafter without following the procedure laid down in Section 23. The provisions of MCOCA, particularly Section 23, have an overriding effect over the Criminal Procedure Code due to Section 25 of MCOCA. Therefore, the Special Judge must forward private complaints to the designated police officer for inquiry and can only take cognizance if the required sanction is granted.

Conclusion:
The Supreme Court allowed the appeal filed by the State of Maharashtra, setting aside the majority decision of the Full Bench of the Bombay High Court. The Court endorsed the minority view, which correctly interpreted the interplay between Sections 9, 23, and 25 of MCOCA. The appeals filed by other parties were disposed of in line with this decision. The Court also directed the High Court to expedite the disposal of writ petitions filed by specific individuals, delinking their cases from the other appeals.