Mumbai: A special court refused to drop charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against three accused in a case where 15 security personnel and a civilian were killed in 2019 at Gadchiroli in an attack by Maoists. The attack was allegedly to avenge the encounter killings of 40 persons by security personnel.
The court observed that prima facie there is ample material to show that the applicants – Parasram Tulavi, Somsay Madavi and Kisan Hidami – are members of the banned Communist Party of India (Maoist) and have participated in the conspiracy and terrorist act. The trio wanted the MCOCA charges dropped on the grounds that no previous chargesheet had been filed against them in the 10 years before the offence and hence the sanctions granted by the authority to try them under the law are invalid.
The court stated that it is not the requirement of law that previous chargesheets be filed against them and that the prosecution has shown their nexus with the organisation. The court also noted that the National Investigation Agency's prosecutor has produced a list of 65 cases registered against members of the organisation. It said there is ample material that the applicants are its members and that the allegations against them are specific.
The court also mentioned that a perusal of the confessional statement of their co-accused shows they had participated in the alleged conspiracy and commission of the crime. It said their names are mentioned in the statement recorded under a provision of the MCOCA and it clearly shows their role.
The main accused in the case – Nirmala Uppuganti, alias Narmada akka – died of a terminal disease last year while in custody. She was allegedly one of the seniormost female cadres of the party and was arrested with her husband Satyanarayan Rani in 2019. The couple were booked along with seven other.
