Delhi HC issues notice on appeal moved by Abdul Nasir against bail denial in MCOCA
The Delhi High Court has issued a notice to Delhi Police following Abdul Nasir's appeal against the denial of bail in the high-profile MCOCA case.
The Delhi High Court has stepped in to examine an appeal filed by Abdul Nasir, who is alleged to be the kingpin of the notorious Nasir Gang, after a special court denied him bail under the stringent Maharashtra Control of Organised Crime Act (MCOCA).
Justice Madhu Jain, while hearing the matter on October 6, issued a formal notice to the Delhi Police and directed them to submit a status report. Additionally, the court has called for the nominal roll of the accused from the jail authorities to facilitate further proceedings.
The Fight for Liberty vs. Public Safety
Abdul Nasir’s legal team, including advocates Imtiyaz Khan, Lokesh Yadav, and Piyush Singhal, moved the High Court under Section 12 of MCOCA. This follows a September 7 decision by the Special MCOCA Court at the Rouse Avenue Court Complex, which rejected his plea for regular bail.
A central argument raised by Nasir’s counsel was his extended period of incarceration, as he has been in custody since his arrest in October 2020. However, the Special MCOCA Court, presided over by Judge Gaurav Rao, dismissed this contention, stating that long-term imprisonment cannot be the sole basis for granting bail in organized crime cases.
The trial court's ruling emphasized a delicate balance between individual rights and communal security. In its order, the judge noted: "Article 21 protects an individual's liberty; however, it also reflects the State's obligation to protect the life, liberty and security of the community of the society."
Allegations of a Dangerous Syndicate
The prosecution has painted a grim picture of the "Nasir Gang," describing it as a dreaded organized crime syndicate that has operated with impunity across the National Capital Region (NCR) and neighboring states. According to law enforcement, the gang led by Nasir is involved in a wide array of heinous activities, including:
- Murder
- Extortion
- Armed robbery
- Rioting and unlawful assembly
- The use of sophisticated firearms
The Special Judge highlighted Nasir's role as the syndicate's kingpin, noting that his past involvement in serious crimes made him a significant threat to society. The court specifically mentioned that under Section 21 of MCOCA, it must consider the likelihood of the applicant committing further organized crimes if released.
Defense Arguments and Legal Contention
Representing Abdul Nasir, Advocate Abhishek Yadav challenged the very foundation of the prosecution's case. The defense argued that the prosecution had failed to prove the existence of a structured organized crime syndicate. Key points raised by the defense included:
- Lack of Evidence: The defense claimed the prosecution failed to produce property documents or ownership papers to substantiate its claims.
- No Risk of Tampering: Since the case relies heavily on existing documentary evidence and past charge sheets, the defense argued there was no risk of evidence tampering.
- Investigative Necessity: It was submitted that Nasir's continued custody was no longer required for any investigative purposes.
The court had also previously rejected arguments regarding parity, where the defense sought similar treatment to other accused individuals who had been granted bail. The judge maintained that each case must be assessed independently, especially when dealing with heinous offenses.
The Delhi High Court is scheduled to hear the matter again on January 28, 2027.