Delhi HC bars police from coercive action against a woman booked under MCOCA, saying the “continuing unlawful activity” test was not met; matter listed Dec 2.
Delhi HC Interim Order
The Delhi High Court has restrained the Delhi Police from taking any coercive action against a woman—identified in court papers as Kusum—who was booked in March under multiple laws including the Maharashtra Control of Organised Crime Act (MCOCA). A bench led by Justice Sanjeev Narula issued the interim order after counsel argued that the statutory threshold of “continuing unlawful activity,” required to invoke MCOCA, was not established in the approval order.
Kusum was arrested in March and later granted bail on May 26. Police records in the FIRs say officers seized 385.53 grams of heroin and 47.09 grams of tramadol from locations tied to the alleged operation; the joint commissioner of police (Western Range) approved MCOCA provisions on August 25, citing alleged offences such as robbery, drug peddling, attempted murder and extortion.
Her lawyers — Rahul Sharma and Kundan Kumar — told the court the FIRs did not contain material establishing an organised criminal syndicate or ongoing conspiracy, and therefore the legal test for MCOCA’s extraordinary powers was vitiated.
