ISP Squash
 
 

MCOCA

  (Maharashtra Control of Organised Crime Act 1999)
  It’s a law made to curb crime but now a days MCOCA has been misused by the corrupt police officers to book businessmen in false case for their personal gain.  
    
 
 

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., which were involved in the business of carrying out constructions and redevelopment of plots under the Slum Rehabilitation Scheme and under the SRA Act Mumbai.    

I am also the Founder Director of a 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 90 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 its 50th, 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 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 made one tenant Brijlal Tiwari 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.  This Santosh Mithgaokar (He is the front man of many politicians in Maharashtra) is more powerful than the underworld and can put any one in jail with his connection.  He has grabbed more than 10 SRA plots in Mumbai after making arrested.  

I knew of his groups clout in police and ministry so I was the first one to lodge a complaint against them on 23rd march 2006 again on 29th march. But when the 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 (frontman of Santosh Mithgaokar)

Then I went out of India from 28th May 2006 to 29th June 2006 to Europe & Canada.  After returning from abroad on 5th of July 2006 I was arrested under the stringent law in India that’s applicable to only hardened criminal,  MCOCA (Maharashtra Control of Organised Crime Act of 1999).  The main complainant Brijlal Tiwari then moved his application in Collector office on 22nd July 2006 to acquire my plot by acquisition  (this proves his intention to put me behind the bars and grab the plot).   

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 make him happy that the crime branch is doing something the then Joint Commissioner of Police Mrs Meera Borwankar (According to the police officers in Maharashtra she is non-corrupt, but here she arrested me knowingly under the pressure of her seniors.  So she compromised for the sake of her chair as she would have lost her crime branch joint commissioner posting.  So according to me Meera Borwankar is the most corrupt police officer in Maharashtra) ordered her officers to book us under the MCOC Act without even studying my 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 from 5th July to 7th 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 2nd week of June 2006 in Mumbai, whereas I was out of India during that period.  

The Honorable Judge in Special MCOCA court Mr Abhay Thipsay came to know of this fact in the first hearing on 13th July 2006, 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  7th Sept 2006. Thanks to the judicial system in India that these corrupt policemen/politicians are kept under control.

The then Police Commissioner of Police of Mumbai Mr A.N.Roy also knew that my case was a false one, but still he did not listen to his conscious and he bent to the political pressure of my opponent and filed a charge sheet in the month of Feb 2007 (he should know that politicians use and throw the policemen and do not give any thing in writing,  but gives them good postings). I had known the Mumbai police officers from the year 1979 (mostly 1964 batch) and at present knows more than 6 non corrupt senior police officers and they have all read my case and told me its a false case. 

Mumbai police 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 9th 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 (Santosh Mithgaokar and his boss close to then Chief Minister of Maharashtra's Son) of the greedy politicians & 6 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 and 2 others). 

  • 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 police custody.
  • I was out of country when the Complainant was threatened in my office. 
  • I was known to more then 30 senior IPS/IAS/IRS officers personally since 1993 (have they kept their friendship with some one from the underworld?).  
  • 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). 
  • At the time of my arrest, I was playing squash daily with 2 crime branch officers from 2001 and see the irony that instead of being arrested for playing squash with the cops you are arrested for false underworld link. 
  • I should have been arrested under SBOCA (Squash Ball Organised Crime Act)

I have been asking for police noting of my case under RTI 2005 act.  But the crime branch is not giving me the  details since last 2 years.  Now I will be approaching the high court for criminal writ petition against the 6 corrupt police officers who put me in false MCOCA case.  I may be put behind bars once again for filing a case in high court.  The six corrupt officers with the money and political power of builder Santosh Mithgoakar might do the followings:

  • Put me behind bars in a false drug case like they did to Salil Chaturvedi of Provogue.
  • The police might try to kill me through their underworld contacts.

Dated: 1st September 2010.  

My case has been tagged with the police department retrial of MCOCA case in Mumbai High Court. 
A division bench of the high court admitted the appeal filed by the Maharashtra State against me for hearing. The court also admitted a petition by me seeking orders to probe the roles played by then Commissioner of Police Anami Roy, then Crime Branch in-charge Meera Borwankar, Retired Assistant Commissioner of Police Pramod Rane, Senior Police Inspector Vinayak Sawade & other police officers in my criminal writ petition case.

MY CONCLUSION: UNDERWORLD IS FAR BETTER THAN FRONT MAN OF POLITICIANS.  THE UNDERWORLD DEMAND HUGE AMOUNT OF MONEY FROM A BUILDER AND SETTLE DOWN IN FEW LAKHS.  ONCE THEY GET IT THEY WILL NEVER TROUBLE YOU AND  IF YOU DON'T GIVE THEM THEY WILL SHOOT YOU. (AT LEAST THAT'S THE END OF STORY OF YOUR LIFE)

BUT THE FRONT MAN OF POLITICIANS WHO HAVE NOW BECOME MORE POWERFUL THAN THE UNDERWORLD DEMAND MONEY FROM YOU, AND IF YOU DON'T GIVE THEY WILL PUT YOU BEHIND BARS LIKE ME IN MCOCA CASE.  THEN THEY WILL SEE THAT I DO NOT GET THE PLOT TO BE DEVELOPED AND IN THE LAST WHEN I SOLD THE PLOT TO ANOTHER BUILDER EXTORTED MONEY FROM HIM ALSO. HERE WHOLE LIFE YOU ARE LOOKED UPON BY THE SOCIETY AS A CRIMINAL.

I HAVE MORE THAN 30 BUREAUCRATS PERSONAL FRIENDS ALL OVER INDIA.  AND THEY ALL HAVE TOLD ME THAT MUMBAI POLICE CONTAINS MORE THAN 40 THOUSAND POLICE PERSONALS. IF FEW OF THEM ARE CORRUPT LIKE IN MY CASE THEN THEY ALL SAID NOT TO LEAVE THEM AND FIGHT AGAINST THEM TILL THE SUPREME COURT. 

  • In my case Inspector Vinayak Sawade got Rs 25 lakhs from Santosh Mithgaokar to put me behind bars in false MCOCA case. 
  • Retired Investigation Officer 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.
  • A.N.Roy as usual was always favoring 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.

http://news.rediff.com/report/2010/jan/22/an-roy-back-as-maharashtra-police-chief.htm 

Dated: 15th May 2010.

My Articles in the newspaper:  

Vishnu Krishna Dutt's article in newspaper :

Other related MCOCA article in Tehelka Magazine:

MCOCA  Links:

Other Link:

My Email ID: squashindia@rediffmail.com