Rohit Tangapan alias Satish Kaliya, arrested in journalist Jyotirmoy Dey (J Dey) murder case, has sought discharge on the ground that Maharashtra Control of Organised Crime Act (MCOCA) is not applicable against him.
"We have filed a discharge application before the sessions court, saying MCOCA is not applicable and there is no prima-facie evidence against him," said his lawyer S M Deshpande.
Deshpande said that under MCOCA, there must be some pecuniary gain to the accused but according to the police no money was paid to Kaliya as it was not a contract killing, so the stringent act cannot be invoked against him. Kaliya's application is likely to come up for hearing next week.
Dey, a veteran crime reporter, was shot dead in suburban Powai on June 11, 2011. Jigna Vora, former deputy chief of bureau of a city-based English newspaper, was also arrested in the case but she later got bail.
In December 2011, police filed a charge sheet against Kaliya, Abhijeet Shinde, Arun Dake, Sachin Gaikwad, Anil Waghmode, Nilesh Shendge, Mangesh Agawane, Vinod Asrani, Paulson Joseph and Deepak Sisodia (all arrested).
A separate charge sheet was filed against Vora later. According to police, fugitive gangster Chhota Rajan, who was upset with a couple of articles written by Dey, ordered the killing.