Representative image showing a jail cell
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Mumbai: Jailed gangster Uday Pathak, facing trial in nine criminal cases, has told a special court in Mumbai he was wrongly prosecuted for being a "non-Maharashtrian", at the instance of political parties and sought that the ongoing legal proceedings against him be kept in abeyance.
However, special judge for cases under Maharashtra Control of Organised Crime Act (MACOCA), B D Shelke, rejected his plea on Monday, saying "it was not tenable in the eyes of law".
Pathak, in his application, claimed that in order to put pressure on him, a false case under the stringent MCOCA has been registered against him.
The gangster alleged he has been falsely implicated in several other cases and hence the trial against him is required to be kept in abeyance.
Pathak is facing trial in as many as nine cases, one of which is related to the murder of four persons in 2011 in Mumbai's Malad area.
The accused, in the plea, claimed he has not committed any illegal acts, but has been "prosecuted wrongly for being a non-Maharashtrian, at the instance of political parties and higher police officials." He did not name any political party or official.
The accused, who has been in jail for the last 12 years, further contended that the prosecution was delaying his trial.
Countering his claims, the prosecution submitted that Pathak's application was "bad in law, not maintainable" and hence appropriate order may be passed by the court.
The court, after hearing both sides, said that contentions raised by the accused in respect of his alleged harassment are not relevant for consideration while deciding this application.
Similarly, his contentions in respect of implicating him for being a "non-Maharashtrian" and at the instance of political parties are not relevant, the court noted.
"This court comes to the conclusion that the application filed by applicant/accused is not tenable in the eyes of law before this court," the special judge observed, while rejecting his plea.