Bombay High Court Pauses MCOCA Conviction, Clears Way for Mumbai Poll Contest

The Bombay High Court has stayed the conviction and sentence of a man booked under the Maharashtra Control of Organised Crime Act (MCOCA) in a ₹50 lakh extortion case, a move that effectively clears the path for him to contest the upcoming Mumbai municipal elections.

The relief was granted by a bench of the High Court while hearing an application filed by Vinod alias Sai Damodar Ghogalem, who had earlier been convicted by a trial court and sentenced to 10 years of imprisonment in connection with an extortion case registered in the Vikhroli area of Mumbai. The case dates back to 2009 and involves allegations of organised crime-linked extortion targeting a builder.

According to the prosecution’s version, Ghogalem was associated with an organised crime syndicate and had allegedly demanded ₹50 lakh from a builder. The case also involved allegations that one of his associates attempted to intimidate the complainant by entering his office with a firearm, during which glass panels were damaged. While the alleged accomplice was arrested soon after the incident, Ghogalem was taken into custody several years later.

During the hearing, Ghogalem’s counsel argued that his client had already spent more than seven years in prison and had been out on bail since 2017 following an order of the Supreme Court. It was also pointed out that although Ghogalem’s appeal against conviction was admitted nearly a decade ago, it has yet to be heard on merits. The defence stressed that the delay in adjudication would cause irreparable harm if the conviction were not stayed, especially with municipal elections approaching.

The state opposed the plea, highlighting the seriousness of the charges and informing the court that a subsequent criminal case, including allegations of attempt to murder, had also been registered against Ghogalem. However, the court noted that the existence of pending cases alone could not override procedural safeguards and the right to seek appellate relief.

In its observations, the High Court flagged apparent issues related to statutory compliance under MCOCA. The bench noted that there appeared to be questions regarding sanction and whether mandatory conditions—such as the requirement of filing multiple charge sheets within a prescribed time period—were fulfilled to sustain the invocation of organised crime provisions.

While granting the stay on conviction and sentence, the court clarified that the right to contest elections may not be a fundamental right, but participation in the democratic process is a significant civil right that could be adversely affected if relief were denied. The court emphasised that the stay was being granted without expressing any final opinion on the merits of the appeal.

With the conviction stayed, Ghogalem is now legally eligible to file his nomination for the forthcoming elections to the Municipal Corporation of Greater Mumbai. The appeal against his conviction will continue to remain pending before the High Court and will be decided independently on its merits.

The order adds to a growing list of cases where courts have granted interim relief to convicted individuals citing prolonged delays in appeal hearings and potential infringement of democratic participation.