Mumbai: Disposing of petitions filed by film financier Bharat Shah and two others, Mumbai High Court on March 5 upheld the Constitutional validity of Maharashtra Control of Organised Crime Act (MCOCA).

The court, however, struck down certain provisions of MCOCA that deal with interception of telephonic or electronic communication.

Justice V G Palshikar and S A Bobade were of the view that they were beyond the competence of state Legislature.

The provisions of MCOCA struck down by the court are Section 13 (appointment of competent authority), Section 14 (authorisation of interception of wire, electronic or oral communication), Section 15 (constitution of review committee for review of authorisation orders) and Section 16 (prohibition of interception and disclosure of wire, electronic or oral communications).

The court also partially struck down Section 21 (5) of MCOCA to the extent that an accused shall not be granted bail for alleged offences under this Act if he had been granted bail under any other Act.

In a related development, the trial in the case of alleged Bollywood nexus with underworld would resume in a special court on March 6. It was deferred by the prosecution until the High Court gave its ruling on the Constitutional validity of MCOCA.

According to prosecutor Rohini Salian, the High Court ruling would not have any bearing on the case of alleged nexus of Bollywood with the underworld because alleged interception of telephonic talks between Bharat Shah, producer Nasim Rizvi and Pakistan-based gangster Chhota Shakeel was carried out under the Indian Telegraph Act and not under MCOCA.

PTI