When DNA spoke to Nayak, he said that he was already set free when the Supreme Court had granted him relief in the matter and that he had no connection at all with whatever allegations were slapped against him in the past.
The Special Maharashtra Control of Organised Crime Act (MCOCA) court dismissed the private complaint against the City’s former encounter specialist, Daya Nayak, on grounds that an individual complaint is not maintainable under the MCOCA charges. The order says that since there is no sanction received against Nayak to prosecute him, the case cannot be maintained. A former journalist , Ketan Tirodkar had filed a case against Nayak in 2003 alleging his links with Pakistan based gangster Chota Shakeel.
The Session’s court based its orders on the observations passed by the Supreme Court, where it had quashed the same case against Nayak in 2010. The apex court had then held that the case was not maintainable as prior sanction of the government was not obtained by the complainant.
Tirodkar in his complaint had alleged Nayak of having links with Chota Shakeel and receiving kick bags from Shakeel.
When DNA spoke to Nayak, he said that he was already set free when the Supreme Court had granted him relief in the matter and that he had no connection at all with whatever allegations were slapped against him in the past.
Recently, the Anti Corruption Bureau court had accepted the closure report filed by the Bureau in the case of disproportionate assets filed against Nayak. The court in its orders held that the re investigation report submitted by the ACB says that the ratio of disproportionate assets of Nayak was found to be 10.19 per cent and not 1026.95 per cent as alleged earlier by the police while registering the case against him in 2006.
The Law
- The SC and the MCOCA court has relied on provisions of MCOCA while granting relief
- It is Section 23 (2) of the MCOCA Act which says that no court can take cognisance of an offence unless sanction is obtained from competant Authority who is the Additional Director General.
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