President returned it thrice, but Gujarat passes MCOCA-like bill - Times of India

GANDHINAGAR: The controversial Gujarat Control of Terrorism and Organized Crime (GujCTOC) Bill 2015 was passed by the assembly on Tuesday with majority votes amid a walkout by Congress. The modified version of GujCOC bill, originally proposed by former Gujarat CM Narendra Modi was returned thrice in past decade by the President for reconsideration. The bill has retained almost all the controversial clauses.

With Modi leading a majority government at the Centre, CM Anandiben Patel-led government in Gujarat is confident of getting Presidential assent for the bill conceived by Modi himself, modelled on lines of Maharashtra Control of Organized Crime Act.

Citing the reason behind introducing such a law, Rajanikant Patel, MoS home, said, "With economic progress, Gujarat is facing serious threats of organized crime, terrorism and economic offences. Gujarat has 1,600 km sea border and shares 500 km land border with Pakistan. As Pakistan has become epicenter of terrorism, this Act is necessary. Present laws are not enough to secure safety of six crore people of Gujarat."

The anti-terror bill was first returned in 2004 by President APJ Abdul Kalam objecting to the sweeping powers given to the sleuths to intercept calls. In 2008, the bill was passed after deleting the interception clause. However, President Pratibha Patil rejected it suggesting more amendments including eliminating provision allowing confession made before police officer admissible in court. Ignoring this suggestion, Gujarat government again passed the bill in 2009 and sent for President's approval.

"Organized crime syndicates in Gujarat make extensive use of wire and oral communications in their criminal activities. Interception of such communication to obtain evidence of commission of crime or to prevent the commission is inevitable and an indispensable aid to law enforcement and administration of justice", said Patel justifying the retention of controversial clause of phone tapping and electronic surveillance and its admission as evidence in court. He said the Bill is in accordance with the constitution and have enough checks to prevent misuse by police.

Leader of opposition Shankarsinh Vaghela said Congress is opposed to the bill. "There are laws against prohibition, murders, illegal betting, prevention of crime against women but have not been able to prevent these crimes from happening. This law will help only BJP in settling scores," he said.

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