Mumbai: Paving a way for trial against the accused booked in connection with the 2019 Gadchiroli Naxal attack, the court has on Friday framed charges against the remaining four of the eight accused as they had challenged the applicability of the provisions of MCOCA to the case.
Supreme Court Intervention
The move comes after the Supreme court last month set aside the order of the Bombay High Court discharging the accused from the provisions of MCOCA. The prosecuting agency had challenged the order passed by the High Court before the Apex court.
Background Of MCOCA Applicability
It was claimed that the charges of MCOCA were dropped after the court noticed that in one of the cases referred for prior criminal antecedents, the respective courts had not taken cognisance of the chargesheets filed by the prosecution. The HC had also upheld the same view and said the charges of MCOCA is not applicable.
“Taking cognisance in the prior cases merely gives a right to the authority to take appropriate action under the Maharashtra Control of Organised Crime Act, 1999,” the Apex court had said in its order on September 16.
Accused Now Facing MCOCA Charges
The order was conveyed to the special NIA court, thereafter the court on Friday framed charges against, Sathyanarayana Rani alias Kiran, Parasram Tulavi, Somsay Madavi and Kisan Hidami. All the accused now would be charged under the provisions of MCOCA as well.
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Earlier Charges Framed
The charges against the other accused namely Dilip Hidani, Sukharu Ramsay Gota alias Sakru Gota, Kailash Premchand Ramchandani alias Gurunanak and Dinkar alias Shivram Bikaru Gota alias Salim, were framed in May 2024.
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