Suspended encounter specialist Daya Nayak got a major reprieve on Wednesday, with the Supreme Court ruling that that the complaint filed against him by Ketan Tirodkar was not maintainable as prior sanction of the government was not obtained by the complainant.
A division bench of Justice Markandeya Katju and Justice T.S. Thakur allowed the appeal filed by Nayak and quashed the complaint filed against him by former journalist Ketan Tirodkar.
The Supreme Court observed that the complaint was not maintainable as no prior sanction was taken from the government.
Tirodkar had filed a private complaint before the special MCOCA court in 2003 against Nayak alleging that he had accepted money for fake encounters and was also involved in extortion.
Following Tirodkar’s complaint, special judge A.P. Bhangale had issued a process against Nayak in December 2004.
Nayak had challenged the special court’s order before the high court. However, on August 9, 2007, the high court had dismissed his appeal observing: “these instances are of serious nature and prima facie amounting to offences triable under the MCOCA.”
Nayak had gone to the SC against this order. His counsel Shivaji Jadhav said that under Section 23 of MCOCA, prior sanction of government was necessary. However, in his client’s case no sanction was obtained.
The SC order could pave the way for Nayak’s reinstatement. The Maharashtra government had suspended Nayak in 2006 in wake of the allegations against him.