The Delhi High Court today sought response of the city government on a plea over non-payment of maintenance by it to two minor children of an alleged drug lord and his wife Zohra Sheikh, who has been jailed since June 2006 on charges of being part of an organised crime syndicate.
Justice A K Pathak issued notice to the child welfare department of the Delhi government on a fresh application moved by Zohra, who was earlier denied bail by the high court, seeking compliance of the court's 2009 order to pay for the welfare of the children.
The application, filed through advocate Sumeet Verma, said that as per the 2009 high court order, the child welfare department was directed to take care of the food, education and other needs of her three minor kids as Zohra and her husband Sharafat Sheikh were in prison, facing trial under the stringent Maharashtra Control of Organised Crime Act (MCOCA).
It said that in 2014 the government came up with a new policy for maintenance under which it was decided that an amount of Rs 3,500 shall be paid to first child, Rs 3,000 to the second and above two children, a maximum of Rs 6,500 shall be disbursed to cover the needs.
It said that the government stopped disbursing the amounts to all the children since its policy came into force.
The plea also said that in 2016 the eldest child turned a major, but the remaining two kids were also being deprived of the payment by the government.
The government intimated the court about its 2014 policy, but failed to comply with its order to pay the children till they became major.
Asking the city government to respond on the issue, the court fixed the matter for hearing on November six.
The high court had in February this year denied bail to Zohra observing that she has been "roped in" on very serious charges including possessing unaccounted wealth on behalf of the crime syndicate under the MCOCA and that she might influence the witnesses and tamper with the evidence considering the stakes for her and her husband.
It had also said since the woman was facing charges of destruction of evidence, forging voter identity cards to meet her husband in jail and was also convicted in two criminal cases for kidnapping and causing hurt by dangerous weapon, an inference could be drawn that she could commit an offence while on bail.
According to the prosecution, a secret information was received on July 7, 2005 that Sharafat, suspected to have been trading in narcotics with his gang members in Delhi on a large scale, was to come to his residence.
Based on the information, a raid was conducted and Sharafat was found. He was also alleged to have in his possession a loaded pistol and a packet of 500 grams of 'heroin or smack'.
The Delhi Police had said that since it was alleged that Sharafat was the chief of a crime syndicate and was amassing wealth through illegal trade of narcotics, provisions under the MCOCA were invoked.
Later, sanction was granted by an additional commissioner of police for prosecution of Sharafat and other accused -- Mohd Saleem, Sheikh Hannan, and Najma Sheikh (first wife of Sharafat) and subsequently, the first charge sheet was filed on December 10, 2005.
During the investigation, the prosecution had sought sanction against Zohra for alleged commission of offence under section 4 (for possessing unaccountable wealth on behalf of member of organised crime syndicate) of the MCOCA and a supplementary charge sheet was filed against her on September 8, 2006.
She was arrested on June 12, 2006.
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