By Dhiraj Beniwal
New Delhi [India], October 6 (ANI): A Special Court at the Rouse Avenue complex on Monday reprimanded Delhi Police for not making any effort for six years to arrest two accused, Mukesh alias Punit and Pardeep alias Guri, booked under the Maharashtra Control of Organised Crime Act (MCOCA).
The court said the approach of the police defeats the intent of MCOCA as the accused were not arrested for six years even after the stringent Act was invoked against them, and they continued to be involved in offences including murder and attempt to murder.
The Special Court (MCOCA) said the matter had not been brought to the notice of the Commissioner of Police, Delhi, and directed that a copy of the order be sent to the Commissioner for a detailed inquiry and appropriate action against the erring officials and investigation officers (IOs) for the considerable delay in investigation.
“This court deems it fit to send a copy of the present order to the Commissioner of Police, Delhi because it calls for a detailed inquiry and appropriate action against all the erring officials, Investigation officers (IOs) for considerable delay in investigation and most importantly for not working in sync with the intent of the statue which permitted more crimes to happen,” the court said.
As per law, Assistant Commissioner of Police (ACP) can be appointed as investigation officer (IO) in cases under MCOCA.
“Let report be called from his office accordingly for the next date of hearing. It is also expected that the investigation shall be concluded at the earliest without any further delay,” Special Judge (MCOCA) Gaurav Rao ordered on October 5.
The court directed that the Joint Commissioner of Police shall remain present in person on the next date of hearing along with the report and his comments.
Additional DCP Lokeshwaran, Additional DCP Ravinandan BM and Additional DCP Rishi Kumar were present along with IOs ACP Rakesh Kumar, ACP SK Gaur and ACP (Retd.) Vipin Kumar during the hearing. ACP Vivek Bhagat sent a request for exemption.
The court also criticised the report filed by the Additional DCP (Outer North District) regarding the delay in investigation and arrest, noting that the police officer had mentioned that best efforts were made to arrest the accused persons.
“The claims of ‘Best Efforts’ of Addl. DCP is nothing short of mockery,” the court observed, adding that the report referred to a July 11, 2024 circular issued by Delhi Police Headquarters for expeditious investigation and timely arrest of accused persons to prevent them from committing or getting involved in further criminal activities.
The court noted that despite the circular, six years had passed during which the accused persons were not arrested and the investigation relating to them was not completed, giving them more time and opportunity to commit further crimes.
“It seems that the Addl. DCP feels/opines that he is not answerable to either the court or the general public who has all this while borne the brunt of the criminal activities of the crime syndicate. Such lackadaisical approach is absolutely unacceptable,” the Special Judge observed.
The court said that among all the IOs in the matter, it appeared that only ACP Rakesh Kumar had made efforts in the right direction. The investigation remained with several IOs for a considerable time, while efforts to bring the FIR to a logical end began only after five and a half years.
“Perhaps the Addl. DCP is insensitive to the legislative intent behind MCOCA. MCOCA was enacted to put halt to the menace of organised crime which posed/possesses a serious threat to the civil society,” the court said.
It further said that MCOCA is a special legislation aimed at preventing, controlling and coping with the criminal activities of an organised crime syndicate or a gang.
“However, if despite invoking the stringiest provisions of MCOCA, the accused persons are allowed to roam free, commit heinous offences, including murder, as per their whims & fancies, then the same defeats the legislative intent behind the said statute,” the court said.
The court noted that MCOCA was invoked against Mukesh alias Punit and the present FIR was registered on September 17, 2020. At the time MCOCA was invoked against him, he was involved in around 20 FIRs, including two FIRs of murder and one FIR of attempt to murder, besides cases of robbery and dacoity.
After the invocation of MCOCA, he was involved in eight more FIRs, including murder, attempt to murder, robbery and kidnapping, from 2021 to 2024.
Mukesh alias Punit was arrested on February 9 by ACP Rakesh Kumar, after the investigation was marked to him on September 25, 2025. (ANI)
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