1992 JJ Hospital shootout: MCOCA court denies bail to accused, cites severity of crime

Mumbai, Nov 11 (PTI) A special court here has denied bail to an accused in the 1992 JJ Hospital shootout case, citing the severity of the crime, in which three people lost their lives, and his role in the offence.

The accused, Farooque Mansoor, had sought bail primarily on the ground of prolonged incarceration.

Special judge Maharashtra Control of Organised Crime Act (MCOCA), Mahesh Jadhav, however, said that the trial had been delayed due to the COVID-19 pandemic and adjournments sought by the accused on multiple occasions.

"Thus, it appears that the accused also caused the delay in conducting the trial," the order stated.

A copy of the order passed last week was made available on Tuesday.

Mansoor, in his plea, claimed he was an "innocent person", languishing in jail since April 2018.

He blamed the prosecution for deliberately delaying the trial, which has curtailed his fundamental right.

The prosecution opposed his plea, contending that the trial had prolonged because of the accused's delaying tactics.

After reviewing the material on record, the court noted that "most of the time" the delay was caused by the applicant and on very "small/limited occasions" the case was adjourned because of the prosecution.

The record reflects that two witnesses have been examined, and the trial was prolonged due to the pandemic, adjournments sought by the accused on several occasions and the arrest of another wanted person in the case, the court noted.

It cannot be said that "the fundamental right of the accused was denied," it held.

The judge further stressed that considering "the conduct of the accused, severity of crime, nature of the crime, role of the accused, he is not entitled to get released on bail".

The shootout took place on September 12, 1992, resulting in the deaths of three people.

As per the police, assailants armed with deadly weapons such as AK-47s, pistols, revolvers, and hand grenades, with the intention of spreading terror, entered J J Hospital and indiscriminately opened fire before fleeing the scene.

Gangster Shailesh Haldankar and two policemen were killed in the shootout, while a constable and some hospital staffers had suffered injuries.

Investigation revealed the shootout at the hospital was a deadly fallout of a long-running rivalry between the gangs led by underworld dons Arun Gawli and Dawood Ibrahim. The gun battle was triggered by the murder of Ibrahim Parkar, alias Ibrahim Lambu, husband of Hasina Parkar, the sister of Dawood Ibrahim.

Dawood Ibrahim suspected Gawli and his associates were responsible for the murder.

Several people were arrested in the case, of which three accused — Subhash Thakur, Shyam Sharma and Jayawant Suryarao — were convicted by the court. PTI AVI ARU