MCOCA

It’s a law made to curb crime but now a day’s MCOCA has been misused by corrupt Mumbai Police officers to book businessmen in false case for their personal gain as they did in my case on 5th July 2006.

 

My Story:

I, Mahendra Jagdish Agarwal, a businessman and is the Director of a Company known as M/s. Vertex Warehousing and Constructions Pvt. Ltd involved in the business of carrying out constructions and redevelopment of plots since 1984 in Mumai.

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I am also the Founder Director of an sports NGO which was formed in 1993, namely Indian Squash Professionals (ISP) whose main objective is to promote and popularize the game of Squash in India. ISP has achieved the distinction of organizing more than 115 tournaments, has adopted five players, set up its own website www.ispsquash.com  and publishes the country’s leading squash magazine “PROSQUASH”, which is distributed free of cost to 3000 players in India and abroad. ISP has also published magazine for its50th, 75th & 100th tournament, which has accolades and goodwill messages from prominent Ex Prime Minister, Deputy Prime Minister, Politicians / Businessmen’s / Sportsmen & Senior government officials in India.

I had purchased a piece of land on 27th Jan 2006 situated at Village Mulgaon, Behind Domino Pizza, Andheri Kurla road, Andheri East, Mumbai, India. I wanted to develop the plot under the Slum Rehabilitation Scheme (SRA). At the same time one Santosh Builders also wanted to develop it. Since I purchased the plot at higher rate Santosh Mithgaokar (the builder) made one tenant Brijlal Tiwari  an NCP office bearer as troublemaker in my plot.  This builder has troubled many developers in Mumbai as he is close to politicians and bribe policeman to become a trouble maker in many plots there by earning big money or forcefully taking possession of the plots at cheaper rates.  I was also offered to withdraw from the said plot by the above said builder in May 2006 but I refused.  The background of Santosh Mithgaokar (He is the front man of 3 Cabinet rank NCP ministers and son of Ex-Congress CM in Maharashtra) is more powerful than the underworld and can put any one in jail with his Police, Politicians connection.  He has grabbed more than 18 SRA plots in Mumbai after I was arrested.

I knew of his groups clout in Police and Ministry so I was the first one to lodge a  Police complaint against him on 23rd march 2006 again on 29th march 2006. But when the local police did not help me I went to City Civil Court and filed two cases against them (one to put my board on the site and another to do the survey of my above said land). In both the cases (13th April 2006 & 29th April 2006) the City Civil Court allowed me to put the board and do the survey against the main complainant in MCOCA case Brijlal Tiwari (front man of Santosh Mithgaokar). 

I went out of India from 28^th May 2006 to 29^th June 2006 to Europe & Canada.  After returning from abroad on 5^th of July 2006 I was arrested under the stringent law in India that’s applicable to only hardened criminals or terrorists,  MCOC Act (Maharashtra Control of Organised Crime Act of 1999).  

Here the crime branch officers in Mumbai were under pressure as firing at Mukesh Bhatt's office had taken place on 14th June 2006.  In order to show that Mumbai Police is doing some work, then Joint Commissioner of Police (crime)  Mrs Meera Borwankar (most corrupt) ordered her officers to book me and 5 other innocent person under the MCOC Act without even studying our case  This was to show the PRESS and Mukesh Bhatt that crime branch is very active under her and has solved the Mukesh Bhatt firing case in 20 days. 

I was behind bars on 5^th July to 7^th Sept 2006.  At that time judiciary came in support of me as the only complaint of the main complainant Brijlal Tiwari against me was that I had threatened him in my office in 2^nd week of June 2006 in Mumbai, whereas I was out of India during that period from 28^th May to 27^th June 2006.  

 

The Honorable Judge in Special MCOCA court Mr Abhay Thipsay came to know of this fact in the first hearing on 13th July 2006 itself, but as the law is so strict in MCOCA case, that you have to spend minimum 30 days in police custody and 30 days in judicial custody.  So after spending 65 days in jail I was released on bail on  7^th Sept 2006. Thanks to the judicial system in India that these corrupt policemen/politicians are kept under control.

 

The then Police Commissioner Mr A.N.Roy (also a corrupt officer) after knowing that it’s a false case did not help me and they went to High Court to cancel my bail.  The High Court Judge Mr Dharmadhikari rejected the bail application plea on 9^th Jan 2007.  

Then I filed a complaint-dated 20.2.2007 before the State Human Rights Commission, State of Maharashtra, Mumbai, pointing out the facts narrated in the foregoing paragraphs of the present Complaint. The Maharashtra State Human Rights Commission, vide its order dated 20.3.2007 was pleased to dispose off the matter of mine because the Commission was of the opinion that the case of the Complainant was not maintainable as per the provisions of the regulations framed U/s. 10 of the Protection of Human Rights Act, 1993 as it related to civil dispute such as property rights, contractual obligations.  

 

From the time of my release from custody I have been running from pillar to post to prove my bonafides and innocence and the efforts of the mine did not go in vain since the Session Court Judge Mr S.P.Kukaday in MCOCA Special Case No. 11 of 2007 acquitted me vide its order dated 5.3.2009.   

I state that the MCOC Act was misused in my case and I had to spend 65 days in jail, plus had monetary loss ( I had to pay interest on the loan taken plus i had to sell my plot at cheap rate) and faced wrath of the society.  I was friendly to the who's who of Mumbai and suddenly I found myself with robbers, drug peddlers, rapist, murderers in Jail thanks to the front man of politicians (Santosh Mithgaokar and his boss close to then Chief Minister of Maharashtra's Son, Deputy CM & many Ministers) & 4 corrupt Mumbai police officers. (then Commissioner of Police Anami Roy, then Crime Branch in-charge Meeran Borwankar, Retired Assistant Commissioner of Police Pramod Rane, Senior Police Inspector Vinayak Sawade). 

· In my case not a single NC or any criminal case is there since I was born. (you need 2 serious cases in past 10 years to book any person in MCOC Act). 

· No phone taping was done of mine in spite of my complainant telling the police that he is receiving threats from the underworld (why did the police not tape my phone/mobile?? even Hon. Judge Mr Abhay Thipsay made this note in the bail application)

· No numbers from my mobile or land line phone to any underworld were found by the crime branch officers during my interrogation in police custody.

· No monetary transactions was found out between me and the underworld.

· I was out of country when the Complainant was threatened in my office in Mumbai.

· I was personally known to the then Chief Secretary of Maharashtra since 1994. (But he also did not help me, as the law is so strict that once you are arrested in MCOCA even the Prime Minister of India cannot release you from jail.  It’s only the Judiciary which can help). 

 

I have been asking for police noting of my case under RTI 2005 act.  But the crime branch is not giving me the  details.

In the month of December 2009 I filed a criminal writ petition in Mumbai High Court against the corrupt  police officers and my complainants.   A division bench of the high court also admitted the appeal filed by the Maharashtra State against the order of Session Court.  In September 2010 my case has been tagged with the police department retrial of MCOCA case

· In my case Inspector Vinayak Sawade got Rs 25 lakhs from Santosh Mithgaokar to put me behind bars in false MCOCA case. 

· Assistant Commissioner of Police (crime) Pramod Rane got 15 lakhs and a promise for a flat in Pune by Santosh Mithgaokar.

· Mrs Meera Borwankar ordered my arrest as her senior A.N.Roy and politicians had pressurized her.  She saved her Joint Commisioner Crime posting by arresting me in a false case (The most corrupted officer).

A.N.Roy as usual was always favouring politicians.  He was removed by High Court of Mumbai from Inspector General of Police Maharashra.  But still by obeying his masters (politicians) he managed to get back the said posting.  The most corrupt officer who can do anything for the sake of his post (now retired).