Mumbai: The Bombay High Court today (Sep 21, 2004) allowed Iqbal Kaskar, younger brother of underworld don Dawood Ibrahim and Anil Gote, incarcerated MLA, both held under Maharashtra Control of Organised Crime Act (MCOCA), to file their nominations from prison for October 13 Assembly elections in Maharashtra.

Hearing their plea, Justice Ajay Khanvilkar allowed the two to file nominations from jail but asked them to affirm on affidavits before the superintendent of prison.

Kaskar, lodged in central prison in Mumbai in a case of alleged extortion, urged for permission to file nomination from Umerkhedi and Nagpada constituencies in South Mumbai while Gote, housed in Pune's Yerwada prison in the fake stamp paper case, said he would file his nomination from Dhule.

Earlier in the day, a special court rejected Iqbal's petition seeking police protection to file nominations from Umerkhadi and Nagpada constituencies.

Prosecutor Rohini Salian opposed Iqbal's plea in the special court saying there was threat to his life from rival gangs. She also expressed fear that Iqbal may escape from police custody if he was released to file nominations.

Observing that the petition was not maintainable, the designated Judge A P Bhangale disallowed police protection on the ground that the accused was brother of a fugitive who was wanted in 1993 blasts and that he had underworld connections.

Being aggrieved, Iqbal moved the High Court which observed that there was no need for him to go personally to file nomination and that he could do so from the prison through the jail superintendent.