MINORITY GROUPS FEAR GUJCOC WITH ITS EXTRAORDINARY POWERS MAY BE MISUSED

Abdul Hafiz Lakhani | Special to Caravan

AHMEDABAD — After failing to get Presidential assent for its controversial anti-terror bill thrice, the Gujarat government has decided to introduce the Gujarat Control of Organized Crime (GUJCOC) Bill in a new form in the Assembly retaining some of its controversial provisions. The GUJCOC bill, which is on the lines of the infamous Maharashtra Control of Organized Crime Act (MCOCA), was rejected in 2004 and 2008 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.

After its passage for the third time in the state assembly, the bill is still pending for clearance from the President. The state government has once again prepared a new draft of the bill and rechristened it Gujarat Control of Terrorism and Organized Crime (GCTOC) Bill-2015. It has been submitted in the Assembly and will be tabled for discussion and approval of the House on March 31.

While the bill has been renamed, it still contains the provisions that had led to its rejection by two Presidents in the past. One such contentious provision is the admissibility of evidence collected through intercepted calls of the accused. This provision empowers the police to intercept calls and admit it as evidence in the court.

Justifying the provision, the ‘Statement of Objects and Reasons’ in the bill states that it is necessary in contemporary times when organized criminal syndicates make extensive use of wire and oral communication. It says that the interception of such communication to obtain evidence is inevitable and an indispensable aid for the law enforcement. The statement provides a detailed justification on the issue by adding that the existing laws are inadequate to curb the menace of organized crimes. The Bill will be tabled for discussion and approval of the house on March 31, the last day of ongoing Budget session.

Before analyzing the Gujarat government’s position and the effectiveness of a law like GUJCOCs in dealing with terrorism, it may be instructive to look at some of its provisions.

Every offence punishable under GUJCOC is cognizable. Anticipatory bail provision is excessively stringent so as to keep the accused behind the bars for a substantial period of time without a trial. Confession made before a superintendent of police is admissible evidence, irrespective of how much an accused is tortured. Valid intercepted communication is also admissible evidence. An accused can be kept in police custody for up to 60 days.

The failure of police to charge sheet the accused does create a technical ground for bail. There will be special courts and special public prosecutors to expedite the trials. The history of the accused shall have a bearing on the evidence against him. Special courts are permitted to have summary trials. Protection of witness and property of the accused will be on a reasonable ground liable to be forfeited. Having gone through some of the main provisions of GUJCOC, one question that comes to mind is “Is GUJCOC an anti-terrorist Act, meant to deal sternly with terrorism?”

Sections pertaining to interception were also scrapped from (Maharashtra Control of Organized Crime Act) MCOCA following a petition in the Mumbai High Court in the case involving film financier Bharat Shah. The GUJCOC Bill in its new avatar, too, is without these sections. Further, in sections referring to harboring of criminals and holding property acquired from the said crime, (Prevention of Terrorism Act) POTA appears more compassionate than GUJCOC.

While the minimum imprisonment for harboring a terrorist under POTA was three years, in the case of GUJCOC it is five years for harboring a member of an organized crime syndicate. Besides, while POTA distinguishes between voluntary and forcible harboring, GUJCOC has done away with the distinction.

Some of the controversial provisions provide for death sentence to even persons who may have unknowingly helped a criminal involved in organized crime. GUJCOC also provides for intercepting telephone calls, letters, emails and other communication and admitting them as evidence. The provisions also give wide powers to seize the property of the accused.

GUJCOC equates terrorist activity with murder and provides for death sentence or life imprisonment, besides a penalty of Rs.10 lakh for terrorists. Commenting on the proposed anti-terror law, a right activist said that the BJP should tell the people the provisions that have been included in the bill. The provisions put the onus on citizens to prove themselves innocent, rather than the police proving the guilt of the criminal”. It allows a police remand of 30 days without producing the culprit in the court and gives the police 180 days to frame the charge sheet.

All India Milli Council Gujarat General Secretary and Editor of Gujarat Siyasat A H Lakhani described the GUJCOC law as unacceptable and said it gave extraordinary powers to police, something that even the British did not have during their rule in India. Like POTA, the provisions are bound to be misused, particularly against minorities like Muslims in the state.