Medical Grounds: Delhi HC Issues Notice on Abdul Nasir's Bail Plea
The Delhi High Court has issued a notice to Delhi Police regarding an interim bail plea on medical grounds for alleged gang leader Abdul Nasir.
The Delhi High Court has stepped in to examine the plea of Abdul Nasir, also known as Khawar Hayat, who is seeking interim bail on medical grounds. Nasir, the alleged kingpin of the notorious "Nasir Gang," is currently facing charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA). Justice Amit Mahajan has issued a notice to the Delhi Police and demanded a comprehensive status report on the matter.
Court Seeks Medical Evidence
Beyond the police report, the High Court has also called for a detailed medical report from the jail authorities to verify the health claims made by the accused. The legal proceedings for this specific plea are now scheduled for a hearing on December 14.
This development follows an earlier move on October 6, when Justice Madhu Jain also issued a notice to the Delhi Police for a status report and requested the nominal roll of the accused from the prison authorities. Abdul Nasir's legal team, comprising advocates Imtiyaz Khan, Lokesh Yadav, and Piyush Singhal, filed the appeal under Section 12 of the MCOCA, challenging a previous trial court order dated September 7.
The Trial Court's Stern Refusal
The road to bail has been difficult for Nasir. On September 7, a Special MCOCA Court at the Rouse Avenue Court Complex denied his request for regular bail. Nasir had argued that he had already spent more than five years in custody, but Special Judge (MCOCA) Gaurav Rao rejected this premise.
The judge emphasized that in cases involving MCOCA, long incarceration alone is not a sufficient ground for release. The court noted that the length of time spent in jail must be weighed against the nature of the crime and the evidence available. In Nasir's case, the court observed:
"Considering the past involvements of the applicant, he rather appears to be a threat to the society."
Liberty vs. Public Safety
During the bail hearings, the defense raised the argument of the right to life and liberty under Article 21 of the Constitution of India. However, the Special Judge countered this by stating that while Article 21 protects individual liberty, the State also has a parallel obligation to ensure the security and safety of the community.
The court further dismissed Nasir's plea for parity, rejecting the argument that he should be released because other co-accused had been granted bail. The judge maintained that each case must be assessed independently, especially when dealing with heinous offenses.
The 'Kingpin' Label and MCOCA Provisions
Under Section 21 of the MCOCA, the court must determine the likelihood of the accused committing another crime if released. The Special Judge noted that Nasir's role as the alleged leader of a crime syndicate made it nearly impossible to record a finding in his favor.
The prosecution has consistently painted a grim picture of the "Nasir Gang," describing it as a dreaded organized crime syndicate that operated with impunity across the National Capital Region (NCR) and neighboring states.
Defense Arguments
Representing the accused, Advocate Abhishek Yadav argued that the prosecution failed to prove the existence of an organized crime syndicate. The defense contended that mere common involvement in a few cases does not constitute a syndicate and claimed that the prosecution failed to provide essential property and ownership documents to support its case.
The defense further argued that since the case is primarily based on documentary evidence and previous charge-sheets, there is no risk of Nasir tampering with evidence, rendering further custody unnecessary for investigation.