By TwoCircles.net Staff Reporter,
New Delhi: Bhartiya Janata Party (BJP) lead Gujarat government’s controversial anti-terror and anti-organised crimes bill has been rejected by President Pranab Mukherjee, making it the third instance when the 12-year-old bill has not received approval from an Indian President.
The bill was passed after amendment and renaming it as Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill 2015 in the Gujarat Assembly in March 2015, despite strong opposition from Congress. The Home Ministry had sent this bill to the President in September 2015 for his assent.
The bill was earlier rejected in 2004 and 2009 by the then President APJ 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.
On both occasions, the then UPA government recommended to the President for rejection of the bill, saying several provisions of the GCTOC were not in conformity of the Central law, the Unlawful Activities (Prevention) Act.
“Home Ministry will provide the additional inputs to the President after obtaining the same from the Gujarat government,” a Home Ministry official told PTI.
The Home Ministry has informed the President after his communication that it was withdrawing the bill and will submit a re-worked bill for his consent.
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.
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.