Firing at Salman Khan’s house: Court nod for application of MCOCA

The court also refused bail to one of the shooters, Vicky Gupta, saying the evidence presented demonstrated his complicity

MUMBAI: The Mumbai sessions court on Friday ruled that the Maharashtra Control of Organised Crime Act (MCOCA) is applicable in the case of firing at actor Salman Khan’s residence in Bandra in April this year. Membership in a crime syndicate and participation in organised criminal activities constitute sufficient grounds to invoke the Act despite the absence of prior individual charges, the court said. It also refused bail to one of the shooters, Vicky Gupta, saying the evidence presented demonstrated his complicity.

Firing at Salman Khan’s house: Court nod for application of MCOCA

According to the first information report, on April 14, Gupta and another bike-borne assailant fired shots at the first-floor balcony of the actor’s house. While Gupta wa arrested two days later, on April 16, the prosecution claimed that the firing was part of a larger conspiracy by a criminal syndicate led by jailed gangster Lawrence Bishnoi and his associates. The accused were booked under various sections of the Indian Penal Code (IPC), including attempt to murder and criminal conspiracy, along with sections of the Arms Act and MCOCA.

In court, special public prosecutor Wajeed Shaikh argued that MCOCA’s provisions could apply to Gupta despite his lack of prior criminal charges, citing Supreme Court orders allowing invocation of MCOCA against members of organised crime syndicates. The evidence on record showed Gupta’s active role in a preplanned conspiracy that included reconnaissance and the use of firearms, said Shaikh.

Defense counsel Pankaj Ghildiyal, on the hand, argued that Gupta was a victim of circumstances and he had no criminal background. Coming from a laboring class family, he was manipulated by another accused and had no intention of committing murder or knowledge about Khan’s presence in the house, and therefore, MCOCA should not apply, said the lawyer. He also sought bail for Gupta, saying there was no further need for custodial interrogation.

After a detailed consideration of the submissions, the court dismissed the bail application on Friday, noting that the evidence presented demonstrated Gupta’s complicity.

Special judge BD Shelke, however, found sufficient prima facie evidence of Gupta’s involvement in the case, including his confessional statements, CCTV footage and recovered evidence, which supported a coordinated attempt to target the victim. The court also took into account the accused’s alleged connection to the Lawrence Bishnoi syndicate, which had a history of similar criminal activities, including previous cases registered in Rajasthan and New Delhi.