MCOCA undertrials threaten to go on hunger strike again

Anand Holla

Almost 16 months after about a 100 of city’s undertrials in Maharashtra Control of Organised Crime Act (MCOCA) went on a hunger strike demanding a speedy trial, they have reissued their threat, claiming their demands are still being ignored by the state.

The undertrials have now shot off letters to the Principal Judge of the City Sessions court and the Bombay High Court, threatening to go on an indefinite hunger strike from June 9.

In a letter written to the Principal Judge of the City Sessions court and to the HC earlier this week, the MCOCA undertrials lodged at Arthur Road jail complained about the slow pace of their trials and the urgent need for expediting them.

In the letter, the undertrials even blamed some judges who were handling the MCOCA cases till recently, for causing the delay. A senior official at the sessions court said that the court may now review the grievance of the undertrials, and may even summon them to the court soon.

Presently, Mumbai has only three special MCOCA courts. In a massive transfer of judges earlier this month, MCOCA Judge V B Patil was transferred to preside over at the Nagpur court. The other two MCOCA judges -- M R Puranik and Vilas Joshi -- will resume the courts once the court vacation gets over next week. Defence lawyer Farhana Shah said that it was unfair to the undertrials that even after 16 months of them going on a hunger strike, the state didn’t address their problems.

Shah explained, “A speedy trial is the right of an accused. Expedited trials are more necessary in MCOCA cases as the act is very stringent and doesn’t provide the accused with bail or other relief. They feel their trials have been unduly delayed by the state.”

In December 2006, nearly 100 undertrials at Arthur Road jail had threatened to go on a hunger strike, if their trials are not expedited. Although jail officials had not taken the hunger strike seriously, the widespread resentment among the undertrials caught the attention of the government. After a study in January 2007, government pleaders of the HC had submitted a report to the additional chief secretary, stating that Mumbai needed at least three more special courts to clear the backlog of MCOCA cases.

As per the report, despite the three MCOCA courts in the city, there was a need for three more special courts in Mumbai with at least 25-30 cases pending in each MCOCA court. The report had also opined that it would be fair to expedite the trials of the accused lodged behind bars, as provisions to obtain bail under the Act are extremely strict.
Several undertrials charged with MCOCA complain that they had committed petty offences, but were still booked under the draconian act. To prevent this, prosecutors had suggested that the state set up a review committee, headed by a retired HC judge.
mumbai news
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