Using an effective law better: Delhi Police sets up MCOCA Cell to address rising challenges from organised crime gangs

The “essential requirements” included “a third instance of organised crime giving rise to the cause of action to invoke MCOCA”, the court said, adding that “there was no such third instance, which could be deciphered from the FIR…”.
This setback wasn’t the first for police in an MCOCA case. In fact, since 2002, when MCOCA began to be used in the national capital, police have managed to secure a conviction under this law in only one case – in which five members of the Gogi gang pleaded guilty in court and were sentenced to five years in prison and fined Rs 5 lakh each.

Special team to use MCOCA well
To help make better use of this powerful law against organised crime, Delhi Police has now set up a specialised MCOCA Cell, to be managed by a team of police officers and legal experts, which will ensure its effective implementation through adherence to correct procedures.

A Deputy Commissioner of Police-level officer from the Crime Branch has been given charge of the Cell, along with an Assistant Commissioner of Police (ACP) and two Inspectors who will deal with records and collect financial data relating to cases, according to an order issued by the Delhi Police Headquarters.

Copies of Standing Operating Procedures (SOPs) for the Cell were distributed to all district and unit heads of Delhi Police on Monday.
A senior police officer explained the rationale behind setting up a dedicated cell to handle MCOCA cases: “People get bail easily, sometimes charges are not framed properly, there are flaws during the trial, and individuals ultimately end up being acquitted of charges under MCOCA.”

“We needed a unit that could supervise the cases whenever the Special Cell, Crime Branch, or any district police applied MCOCA against a syndicate of criminals. That is why the MCOCA Cell has been created. This cell will also maintain a database of each MCOCA case,” the officer said.

Use of MCOCA to tackle organised crime
MCOCA, “an Act to make special provisions for prevention and control of, and for coping with, criminal activity by organized crime syndicate or gang, and for matters connected therewith or incidental thereto”, was enacted by the Maharashtra legislature in 1999.

The law, intended to combat organised crime and the activities of the underworld in Mumbai, was followed by the introduction of similar legislation in several other states including Gujarat, Karnataka, Andhra Pradesh, Arunachal Pradesh, Telangana, and Uttar Pradesh.

In the National Capital Territory of Delhi, where the Union Home Ministry is in charge of law and order, MCOCA was adopted in 2002.

There are five conditions that must be fulfilled when an MCOCA case is filed against an individual or a syndicate: (i) the alleged crime should have been carried out by a syndicate consisting of two or more individuals; (ii) there should be a continuous pattern of unlawful activities; (iii) violent conduct, threat, intimidation, or coercion should be involved; (iv) there should be pecuniary benefits or undue economic or other advantages gained for oneself or others; and (v) more than one chargesheet should have been filed against the accused in the preceding 10 years.

According to an officer, the MCOCA section can be either added to an existing FIR, or filed separately. “If it is filed separately, the chances of putting the accused behind bars increase. In many instances, cases falter due to poor implementation and lack of knowledge about its provisions,” the officer said.

The officer recalled that MCOCA was initially invoked in Delhi against several gangs involved in thefts, robberies, and even betting, but all those cases faltered in court. “The provisions were new to us back then. But now we know how and where to use this powerful Act,” the officer said.

Mounting challenge for police from gangsters
The provisions of MCOCA are well-suited to target gangsters operating from abroad or from behind bars, officers said. Rising incidents of extortion and firing against businessmen by associates of gangsters based overseas has become a major headache for the Delhi Police. Once police get their hands on suspects, they would like to ensure the suspects stay behind bars for extended periods.

It is in the context of this situation that officers have been instructed to use MCOCA more aggressively against gangsters and their associates. Over the past five years, police have invoked MCOCA against half a dozen gangs operating from both within India and abroad.

These gangs include those led by Lawrence Bishnoi, Rohit Godara, Goldy Brar, Kapil Sangwan, Hashim Baba, Jatinder Mann alias Gogi, and Tillu Taj. The New Delhi Range unit of the Special Cell is currently handling five MCOCA cases against these crime syndicates. Cases of cyber fraud involving criminals who operate as part of syndicates also fall under the ambit of MCOCA.

Even before the setting up of the MCOCA Cell, Delhi Police had been making efforts to use the law more effectively, having recognised it as an important tool against gangsters operating from overseas.

In 2016, then Police Commissioner Alok Kumar Verma appointed an officer of the rank of Joint Commissioner of Police to train inspectors and ACPs on preparing chargesheets that have a good chance of holding up in court. Verma issued the directive after chargesheets in several high-profile cases filed under MCOCA failed to convince the courts.