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Supreme Court of India 2017-10-09 disposed

State (NCT of Delhi) vs Brijesh Singh @ Arun Kumar and Anr

Bench: 2 — L. Nageswara Rao

In Brief

The State of Delhi challenged the discharge of accused persons in a special MCOCA (organized crime) case. The central issue was whether charge sheets filed in courts outside Delhi could be considered when establishing if the accused committed continuing unlawful activity. The Supreme Court held that while 'competent Court' in MCOCA is not restricted to Delhi courts, and charge sheets from other States may be considered for this purpose, actual organized crime activity must have occurred within Delhi for prosecution under MCOCA to proceed. The judgment upheld the High Court's dismissal on different grounds, balancing the Act's stringent purpose against the requirement of genuine Delhi nexus.

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Organized Crime Criminal Procedure Jurisdiction MCOCA Extra-territorial Legislation Territorial Nexus Continuing Unlawful Activity Criminal Law

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