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Delhi HC Upholds Link Judge's Powers Under MCOCA, Emphasizes Need for More Special Judges

Verdictum
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Summary

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  • The Delhi High Court has upheld the authority of a Link Judge to extend investigation periods under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) in the absence of a designated Special Judge.
  • The Court emphasized that “there should never be a vacuum” in Special Courts, highlighting systemic issues due to the appointment of only one Special Judge per sessions division.
  • Justice Chandrasekharan Sudha noted the need for additional judges or empowered judicial officers to ensure continuity in MCOCA cases.
  • The ruling underscores the critical link between judicial infrastructure and effective enforcement of special criminal statutes, raising questions about future appointments.

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