Court tells Mumbai police chief to proceed against encounter specialist

Sub-inspector Daya Nayak received a setback when a special court on Monday directed Mumbai Police Commissioner A N Roy to seek sanction from a competent authority to prosecute him for his alleged links with Pakistan-based gangster Chhota Shakeel.

Hearing a private complaint filed by journalist Ketan Tirodkar on the alleged nexus of cops with underworld, designated judge A P Bhangale ordered the Mumbai police chief to proceed against Nayak, who has gunned down 70 gangsters in encounters, under the Maharashtra Control of Organised Crime Act.

The court told him to submit by April 12 his report on obtaining sanction from the competent authority. Under the MCOCA, the competent authority is a police officer not below the rank of Additional Director General.

Under section 23 (2) of MCOCA, no court can take cognizance of an offence unless sanction is obtained from the competent authority.

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Tirodkar had filed a complaint alleging that Nayak had taken Rs two crore from Shakeel to bribe higher-ups to transfer police officers who were not favourable to the underworld.

Asking the court for pardon, Tirodkar said he was part of the conspiracy and had accepted money along with Nayak from Shakeel's men. He has also alleged that the film Kaagar, supposed to be based on Nayak's life, was made at the instance of Shakeel.

Among the nine witnesses who deposed in this case were former police chief R H Mendonca and incarcerated cops, R S Sharma and Pradip Sawant.

On a plea made by Tirodkar, the judge asked the police commissioner to bolster Tirodkar's security. At present, he has one armed guard for protection.

On October 6, 2003, Tirodkar made a confession before ACP Shankar Kamble of the alleged offence committed by him and Sub-Inspector Daya Nayak. On October 16, he moved the Bombay high court alleging police inaction. A day later, he was granted police protection on the court's directive.

On November 4, the court ordered Mumbai police to conclude its probe into the allegations levelled by Tirodkar and convey the outcome to him besides giving him protection.

On November 14, Tirodkar gave a confession before the MCOCA court, which registered a case based on his complaint. This was the first private complaint filed in the special court since MCOCA came into force.

On November 20, a police team led by ACP S Kamble raided Nayak's house on the court's directives. The next day, police raided the premises of Kaagar producer Mrinalini Patil.

On December 1, Nayak moved the high court for quashing Tirodkar's complaint in the special court. On December 17, the high court ruled that the special court had the jurisdiction to entertain a private complaint and asked Nayak to deposit his passport with the police chief.

On December 18, he was transferred from the Crime Branch to the Kandivali police station.