By TwoCircles.net Staff Reporter,
Gandhinagar: Aiming to strengthen state anti-terror laws, Gujarat government has decided to reintroduce the Gujarat Control of Organised Crime (GUJCOC) Bill in an amended form in the Assembly, while retaining some of the controversial provisions twice rejected by President.
Renamed as Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill 2015, it will come up for discussion on the last day of the ongoing budget session on March 31.
The GUJCOC bill is on the lines of the stringent Maharashtra Control of Organised Crime Act (MCOCA) that makes statement made before police officer by an accused to be admissible evidence, allows more time to the investigation agency to file charge sheet and also permits police to intercept telephone calls.
The bill also puts the onus of proving the innocence upon the accused person and makes securing bail difficult unless prima facie no case is made out against accused or prosecution does not object bail.
The bill was rejected in 2004 and 2009 by the then President AJP Abdul Kalam and Pratibha Patil respectively who had suggested some amendments in the provisions related to telephone interception and confession made before police officer being considered as evidence in court.
The Bill was returned to the Gujarat Assembly by the President on June 24, 2009, with a suggestion to delete Clause 16 and amend Clause 20(2) (b) and bring its provisions in line with the provisions of Section 43D(2) of the Unlawful Activities(Prevention Amendment Act (UAPA), 2008.
Clause 16 of GUJCOC gives unfettered powers to the police, making confessions made by the accused to officers not below the rank of Superintendent of Police as admissible before a court of law.
The Congress led government had objected to this clause as it empowers immense scope of procuring statements under threat, duress or torture and, therefore, it recommended to the President to send back the Bill for amendment.
However, in the year 2009 Narendra Modi state government ignored suggestions and had once again passed the bill for the third time and sent it for President’s approval. The bill is still pending with the President.
This time the government has once again introduced the revised version that will be tabled for discussion and approval of the house on March 31, the last day of ongoing Budget session.
The bill is reportedly renamed on this occasion but will retain the controversial clauses that were rejected by President by two times.