A special Maharashtra Control of Organised Crime Act (MCOCA) court on Friday granted 30-day extension to the Mumbai Crime Branch to file a charge sheet in the J Dey murder case.
“I am convinced that more opportunity needs to be given to the investigating officer for probing the case. However, I am not of the opinion that 45 days should be given…I think that 30 days will suffice,” S.M. Modak, City Civil Court and Additional Sessions Judge said while granting extension.
The court also extended the judicial custody of all the 10 accused till November 18.
J Dey, a senior reporter with a city-based tabloid, was shot dead by four bike-borne gunmen here in June allegedly at the behest of fugitive gangster Chhota Rajan. The Mumbai Crime Branch arrested 10 persons in connection with the case and later slapped MCOCA on them.
The 90-day-deadline for filing a charge sheet under MCOCA expired on September 24 but the prosecution had then requested an extension of 45 days, which was granted by the court.
While seeking an additional extension of 45 days this time, the prosecution handed over a sealed envelope to the court – saying that new leads had emerged warranting thorough verification by the investigating officer.
The prosecution had also argued that filing a charge sheet at this point would hamper investigation. It stated that if the accused were granted bail, they may try influencing the investigation or tamper with the evidence.
The defence, however, opposed granting an extension to the Crime Branch. “It is understood that because of the sensitive nature of the investigation, we can't spell out the stage at which the investigation is. But according to law, the prosecution needs to indicate the progress in the investigation,” defence counsel Sudeep Pasbola said in the court.
Mr. Pasbola argued that the prosecution was taking the court for granted while referring to an article published in a local tabloid which alleged that a senior journalist working with a newspaper had parted with some critical information about J Dey to Chhota Rajan.
“You yourself [police] have disclosed it. At the same time, you say the case is sensitive. The grounds have appeared in the entire media. I am more aggrieved because you are trying to conceal the facts from the court,” he said.
The judge, while recording the order, observed that the accused cannot be detained for an “unreasonable period.”
“Even if I find some grounds in Mr. Pasbola's argument on grounds for extension, I cannot overlook the request letter,” the judge said, referring to the sealed letter.
