Supreme court Dismisses MCOCA Against Daya Nayak - Ennehole Celebrates
Daijiworld Media Network Mangalore / Mumbai
Pics Shekhar Ajekar
Mumbai, Jul 16: The Supreme Court on Wednesday dismissed for technical reasons a private complaint which had triggered MCOCA proceedings against Mumbai policeman Daya Nayak, ending a six-year-long judicial effort to prove the encounter specialist’s links to organised crime syndicates.
The order by a bench of Justices Markandeya Katju and T S Thakur will stop a Mumbai Special Court from trying Nayak under the Maharashtra Control of Organised Crime Activities (MCOCA) Act on a complaint filed by Mumbai-based resident Ketan Tirodkar.
The Supreme Court said that a prior sanction was not received from the Mumbai Police chief before proceeding on the private complaint. This sanction is a mandatory pre-condition under the MCOCA law, the bench said.
The decision comes after Nayak appealed to the apex court against a Bombay High Court decision in August 2007, upholding the Special Court’s finding that there was enough prima facie evidence to charge Nayak under the MCOCA. The MCOCA court arrayed Nayak as the main accused and let him share space with gangster Chhota Shakeel and aide Fahim Mach Mach.
Speaking to daijiworld.com from Mumbai, Daya Nayak said “The truth has finally prevailed and agents of Chhota Shakeel and his gang stand exposed before the highest court of law.”
“I heaved a huge sigh of relief after hearing the apex court’s order, which declared all complaints and departmental actions initiated against me as null and void,”
According to Nayak, the tirade against him and certain other officers was launched by Shakeel after many of his men were killed in police encounters. “Frivolous charges of corruption and misconduct were leveled against me. They managed to harass me for six years, but ultimately failed,” said the encounter specialist.
“Going by today’s order, the Anti-Corruption Bureau’s (ACB) proceedings against me can also be termed as null and void,” added Nayak. “The state DGP had ordered the quashing of the ACB case against me, stating lack of evidence, nearly eight months back. But, I was still waiting for justice. I hope I will get it soon.”
Daya Nayak’s Hometown Celebrates Favourable SC Verdict
By Shekar Ajekar
Daijiworld Media Network—Karkala (RD/CN)
Karkala, Jul 16: The people of Ennehole village, near Miyar, celebrated the Supreme Court (SC) verdict which absolved Mumbai police officer Daya Nayak of all cases leveled against him for having inappropriate income under Maharastra Control of Organized Crime Act (MCOCA), on Thursday July 15.
Super cop Nayak hails from Ennehole. Dr Santhosh Kumar, vice-president, zilla panchayat, and a well-known social worker presided over the celebrations held at Radha Nayak Government High School, Ennehole, on Thursday.
Dr Kumar said that justice had prevailed in the case of Nayak, who is an honest and dedicated officer in Mumbai Police. “Although the locals were agonized when Daya Nayak was imprisoned for a month in the case, he continued his lonely battle for many years. At last, it has brought joy to us because Daya Nayak has remained true to his conscience all through his career in the police department”, he said.
Dr Kumar called on the natives to follow the lead of Daya Nayak in serving the country with utmost honesty and total dedication. “The fearless virtues of Daya indeed can effectively curb rising violence and terrorism in our country”, he added.
Former retired health officer Dr Hasanabba, Prof Y Panduranga Nayak, Jain priest Prasanna Kumar Indra, Radha Nayak Education Trust trustee Shiva Kumar, school betterment committee president Devanna Nayak and others were present on the dais.
Adolphus Quadros, in his introductory address, urged the natives to follow the example of Daya Nayak and to be sincere and fight injustice.
Raghuram, headmaster, Radha Nayak Government High School, Ennehole, welcomed the gathering.
Nayak has founded this school with the aim of educating the children in his hometown. Special prayers were offered in church, mosque, and temple in Ennehole, after he was briefly imprisoned in Mumbai.
Smiles prevailed on the faces of students and locals after their hero Daya Nayak was proven innocent.
Ennehole resident Jayapal Hegde distributed sweets to all students and guests on the occasion.
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