New Delhi, Nov 5 A Delhi court on Thursday sentenced five men to life imprisonment under the stringent Maharashtra Control of Organised Crime Act (MCOCA) for running an organised crime syndicate, saying there was "no chance of any reformation" of the accused.
Special Judge Gaurav Rao was hearing the arguments on sentencing against Bhushan alias Bharat Bhushan alias Tony, Neeraj alias Kallu, Vikash Bhardwaj, Jitender alias Jeetu and Deepak alias Mantar. All are residents of Narela here.
The court had convicted all five on November 4 under Section 3(4) of MCOCA, which deals with membership of an organised crime syndicate.
All of them except Neeraj were also convicted under Section 3(1)(ii).
Section 3(1)(ii) of MCOCA covers the case where an organised crime does not result in the death of any person.
The court said, "Interest of justice would be met if the convicts are sentenced to life imprisonment for the offence under Section 3(4) of the MCOCA along with a fine of Rs 5 lakh each for the said offence."
The court also sentenced the four convicts to life imprisonment under Section 3(1)(ii) of MCOCA, while clarifying that the sentences will run concurrently.
The prosecutor had sought the maximum punishment, arguing that "no leniency should be shown" given the gravity of the offences.
He told the court that the convicts had been "indulging in various heinous offences since quite a while" and that their repeated involvement was proof "that there is no chance of either of them reforming".
The prosecution also pointed out that two of the convicts, Bharat Bhushan and Neeraj, were previous convicts.
The defence sought a sentence of the period already undergone.
Bhushan, 37, has two minor children and has been in custody since his arrest in another FIR in 2018, while Neeraj, 33, has ailing parents and has been in custody since 2020, the defence counsel said.
The defence also said that Vikas Bhardwaj, 32, has an ailing father and is not a previous convict; Jitender, 38, has two minor children, an ailing wife and an ailing mother; and Deepak, 40, has three minor daughters, and that the trio had been in custody since 2018.
The court was not persuaded. It said, "The crimes committed by them... are undoubtedly grave, heinous in nature" and their disclosure statements highlighted "the impunity with which the convicts committed various crimes with absolutely no care for human life."
"The crimes were committed as part of organised crime syndicate and for causing unlawful gains to themselves. The convicts per se appear to be a threat to a civilised society," the court said.
It added that the convicts' repeated involvement in crime, and the fact that two members of the syndicate were previous convicts, was "proof of their criminal bent of mind and that there is no chance of any reformation".
The judge said the punishment must be "appropriate, adequate, just, proportionate and commensurate with the nature and gravity of the crime".
The court cannot afford to be casual, he said, because "both the crime and the criminal are equally important in the sentencing process".
The judge also cautioned that inadequate sentences would erode public confidence in the justice system.
