The MCOCA Special Court

In one line

Every offence under the Act is triable only by a Special Court, presided over by a sessions judge appointed with the concurrence of the Chief Justice of the Bombay High Court, and prosecuted by an advocate of at least ten years' standing.

In the wording a student can write in an exam: by section 6 of the Maharashtra Control of Organised Crime Act, 1999, notwithstanding anything in the Code, every offence punishable under the Act shall be triable only by the Special Court within whose local jurisdiction it was committed, or by the Special Court constituted for trying such offence under section 5(1).

Why a special court

Because the ordinary court is part of the problem the Act addresses. A syndicate case is long, the witnesses are frightened, and the trial competes with a heavy general list. A dedicated court can sit continuously and can be protected.

Because the Act gives powers no ordinary court has. Confessions to police officers, presumptions against the accused and interception evidence all require a court that is expected to use them, and the Act confines them to a judge of sessions rank.

And because exclusivity is itself a safeguard. By making the Special Court the only court that can try these offences, the Act keeps its extraordinary provisions in one place, under one High Court's supervision.

The provisions themselves

Section 5(1), constitution. The State Government may, by notification in the Official Gazette, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as the notification specifies.

Section 5(2), jurisdiction disputes. Where a question arises as to the jurisdiction of a Special Court, it is referred to the State Government, whose decision shall be final.

Section 5(3), the judge. A Special Court is presided over by a judge appointed by the State Government with the concurrence of the Chief Justice of the Bombay High Court, and additional judges may be appointed in the same way.

Section 5(4), qualification. A person is not qualified unless, immediately before appointment, he is a sessions judge or an additional sessions judge.

Section 5(5), distribution of business. Where additional judges are appointed, the judge of the Special Court may by general or special order in writing provide for the distribution of business and for urgent business in the absence of any of them.

Section 6, exclusive jurisdiction. As set out above.

Section 7(1), connected offences. When trying an offence under the Act, a Special Court may also try any other offence with which the accused may under the Code be charged at the same trial, if the offence is connected with it.

Section 7(2), offences found during trial. If in the course of a trial it is found that the accused has committed any other offence under this Act or under any other law, the Special Court may convict him of that offence and pass any sentence authorised by this Act or by that other law.