The Supreme Court has sharply criticized the Maharashtra government for failing to establish dedicated courts to ensure speedy trials under the Maharashtra Control of Organised Crime Act (MCOCA).
In a significant directive, the court has set a deadline to complete the trial in the 2017 murder case of a Congress corporator from Bhiwandi by January 31, 2026.
Court Questions State
A bench led by Justices Surya Kant and Joymalya Bagchi questioned the Maharashtra government’s lawyer, who opposed bail for Prashant Bhaskar Mahatre — accused as the chief conspirator in the corporator’s killing and imprisoned for eight years — about the state’s failure to create additional courts to handle special statute cases.
The bench emphasized, “When special laws are enacted, it is essential to provide the necessary infrastructure for their trials. Why has Maharashtra not set up more courts for MCOCA cases? Why are criminals allowed to continue their operations even while in jail?”
The court referred to an earlier case from Maharashtra, where it had stressed the need for special courts under laws like the NIA Act, MCOCA, and the Unlawful Activities (Prevention) Act (UAPA), warning that without this, delays might force courts to grant bail to accused persons.
Trial Progress & Court’s Timeline For Conclusion
The state counsel informed the court that the witness list had been trimmed to 30 crucial witnesses, of whom 24 have already testified since March 2025, when the trial restarted.
The bench noted that Mahatre is facing 16 criminal cases, having been acquitted in 13. It also mentioned that he was previously involved in an attack on the deceased in 2013, linked to a political rivalry.
Setting a firm deadline, the Supreme Court ordered the trial to be completed by January 31, 2026. If the trial extends beyond that, Mahatre will be eligible to file for bail.
The court directed the trial court to schedule hearings twice monthly and urged the defense to avoid unnecessary adjournments to expedite the proceedings.
Concerns About Witness Hostility and Evidence Handling
Expressing concern about the large number of prosecution witnesses turning hostile, the court remarked on the declining willingness of people to stand up for the truth in today’s society.
It instructed the Maharashtra police to narrow down the 200 witnesses listed in the charge sheet to only those essential to securing a conviction.
Background
Manoj Mahatre, the victim, was a three-time Congress corporator from Bhiwandi-Nizampur Municipal Corporation. He was brutally attacked on February 14, 2017, with firearms, sickles, and choppers.
According to the victim’s driver, the assailants fled the scene, some escaping in a Maruti Swift car that was kept ready.
Prashant Bhaskar Mahatre and seven others were arrested in connection with the killing. The Bombay High Court had previously rejected Mahatre’s bail plea, describing him as the primary conspirator based on confessions and witness statements, which revealed a political rivalry between the accused and the victim.
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