Court grants 8 days custody of Hashim Baba, wife Zoya, 2 others in MCOCA case

New Delhi [India], July 21 : Patiala House Court on Monday granted eight days' police custody of Hashim Baba, his wife Zoya Khan, Sameer alias Baba and Anwar Khan alias Chacha to the Delhi Police Special Cell in connection with a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).
Additional Sessions Judge (ASJ) Chander Jit Singh granted police custody of all 4 accused to Special cell of Delhi police for 8 days after considering the material, facts and circumstances of the case. The Delhi Police had sought a 10-day remand of all four accused, but the court granted custody for eight days.
"In view above discussion, this court finds merit in the prayer of investigating agency seeking police custody of all the four accused persons. Having regard to material produced before the court, facts and circumstances of the case, police custody of accused persons for eight days is granted," ASJ Singh ordered on July 21.
The court has directed that the Medical examination of the accused be done before the start of police custody and after conclusion of police custody as per rules. Additionally, the medical examination of the accused shall be conducted at around 4.00 pm on every alternative day.
The court has allowed the defence counsel to meet the accused every day for 15 minutes if they so desire, between 5.30 pm to 6.30 pm in presence of police officer who shall be at a distant enough to be out of ear sought.
If the accused persons are taken out of station, the meeting with the Defence Counsel shall be conducted through VC, the court directed.
The court has further directed to extend appropriate medical assistance and medicines prescribed to Accused Anwar who has some medical issues.
During the hearing on the custody plea, the court heard the submissions made by Advocate Mohd. Suleman, counsel for Hashim Baba. The Supreme Court has issued a notice to the investigation agency on the petition challenging their arrest. The matter is listed for hearing on July 31, where he sought an adjournment on this ground.
Advocate Tarun Rana, appearing along with M.M. Khan for Zoya Khan, submitted that she had no previous criminal involvement prior to her arrest in December 2024. He stated that it all started from a firing incident that took place on December 7, 2024.
Advocate Suleman also argued that Anwar Khan alias Chacha is a Prosecution witness in another MCOCA case against Hashim Baba and questioned how this could be a crime syndicate.
Three cases were lodged against Zoya, who has no prior criminal history and was arrested in this MCOCA case. There is no such crime syndicate thing, her counsel argued.
It was further submitted that three other accused persons have different histories of having 20 cases, one case, and three cases, respectively. The advocate further stated that Zoya cannot be connected with all these accused persons and that, in these circumstances, can the custody of Zoya be given for 10 days?
Hashim Baba has three other cases of MCOCA. He is in jail for years in high risk barrack. As per the allegations he is running a crime syndicate. How is this possible from the High risk ward of jail where is no communication?. Police should reply all this, the defence said.
At this point, special public prosecutor (SPP) Akhand Pratap Singh said that high court has taken a prima facie view that there is material against accused persons in this case.
The prima facie case was based on the evidence presented by them.
They are not able to show, advocate Suleman said.
On July 18, Patiala House court had reserved an order on the police custody of Anwar Khan alias Chacha, Hasim Baba alias Asim, Sameer alias Baba, and Zoya Khan in an MCOCA case.
Special Public Prosecutor (SPP) Akhand Pratap Singh for the special cell submitted that these accused have been arrested in an MCOCA case linked with the murder of businessman Sunil Jain in Farsh Bazar area.
The murder is the outcome of the organised crime syndicate. During the investigation, the names of these four accused surfaced, SPP submitted.
It was also submitted that the remand was required to unearth the modus operandi of the syndicate. Some of the members of the syndicate have already fled the country.
On the other hand, advocate Tarun Rana appeared for accused Zoya and submitted that a Special Leave Petition (SLP) has been filed before the SC against the order of the High Court.
On July 16, the Delhi High Court had dismissed the petition of accused persons challenging their re-arrest in the present case.
The High Court ruled that a person cannot claim immunity from re-arrest merely because their initial arrest was vitiated on procedural grounds.
"The re-arrest, if carried out after curing such defects and in accordance with law, is not impermissible," Justice Swarana Kanta Sharma said.
"In criminal law, procedural safeguards are essential to protect liberty, but they cannot be turned into a shield to defeat lawful investigation into heinous crimes," the Court held, underlining that "a lapse by the police in the first arrest does not create a bar against subsequent arrest once the legal requirements are fulfilled."
The petition was filed by Anwar Khan alias Chacha, Hasim Baba alias Asim, Sameer alias Baba, and Zoya Khan through a team of advocates including Anurag Jain, MM Khan, Amit Chadha, Atin Chadha, Munisha Chadha, and Sulaiman Mohd. Khan, and others.
They sought a declaration that their re-arrest on June 10, 2025, in FIR of 2024 related to the murder of one Sunil Jain was unlawful and unconstitutional.