Delhi Police on Saturday told a court that the plea of three accused, also facing trial in the murder of TV journalist Soumya Vishwanathan, seeking stay of trial in the murder case of IT executive Jigisha Ghosh was "untenable".
"The court being a special court to hear cases lodged under the Maharashtra Control of Organised Crimes Act is duly empowered to hear other cases simultaneously," Public Prosecutor Rajeev Mohan told the court.
Earlier, accused Ravi Kapoor, Amit Shukla and Baljeet Singh Malik had moved the plea for stay of trial in the Jigisha case saying "the MCOCA was invoked only in the Soumya murder case and the law says that till the conclusion of the trial in matters, registered under special statutes such as MCOCA, hearing in others cases would be stayed."
Defence counsel Amit Kumar argued that the trial in the murder case of Jigisha may be put in abeyance till the conclusion of proceedings in the Soumya case. The case relating to the murder of Ghosh was not registered under MCOCA, he said.
The court, which did not record the testimony of a constable in the Jigisha case, has now fixed the case on November 12 for further hearing on the issue.
The Soumya murder case was solved during the probe into the killing of Ghosh who was done to death on March 18, 2009.