The Delhi High Court on Friday issued a notice to the Delhi Police on a plea filed by alleged conman Sukesh Chandrashekhar challenging a trial court order directing that charges be framed against him under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in the alleged Rs 200-crore extortion case.
Justice Madhu Jain sought the response of the Delhi Police and listed the matter for hearing on September 23.
Chandrashekhar has challenged the trial court’s May 30 order, formally signed on June 3, arguing that it accepted the prosecution’s case without independently assessing whether the material on record established the ingredients of the offences, particularly those under the MCOCA.
In his plea, Chandrashekhar contended that the trial court merely endorsed the prosecution’s submissions instead of scrutinising the chargesheet and evaluating the objections raised by the defence. He argued that the court deferred all key issues to the trial stage rather than determining whether a prima facie case existed for framing charges.
The plea further states that the trial court failed to examine whether the essential requirements for invoking the MCOCA had been met or whether the material on record established the existence of an organised crime syndicate. It argues that the prosecution itself treats the present case as the first alleged offence of the purported syndicate, making the invocation of the MCOCA legally unsustainable.
The case stems from an FIR registered by the Delhi Police Special Cell in August 2021, alleging that Chandrashekhar and his associates extorted about Rs 217 crore from the wife of a businessman by falsely promising to secure legal relief for her husband. According to the prosecution, Chandrashekhar operated the alleged extortion racket from prison with the help of his associates and corrupt jail officials.
