Amid uproar over the arrest of self-styled godman Ashok Kharat, the Opposition Shiv Sena (UBT) has sought invoking the stringent Maharashtra Control of Organised Crime Act (MCOCA) against the accused, claiming that the case should be probed as an organised crime.
From its enactment as a law to tackle underworld gangs and gangsters in 1999, the MCOCA has now been invoked in criminal cases involving political controversies, too, with its scope widened over the years to include a broader variety of offences.
It was introduced by then deputy chief minister of the state, BJP leader, late Gopinath Munde, with Maharashtra being the first state to come up with such a law. It has an overriding effect over other laws in existence.
Unlike existing laws, the Act permits use of confessions given to police officers of a certain rank by the accused; it authorises surveillance through interception of electronic, wire or oral communication. The Act also imposes heavy fines along with imprisonment, ranging from Rs 1 lakh to Rs 5 lakh per offence.
Many policemen hailed the Act, claiming that it had been significant in curbing gang activities. The main reason for its success cited by the policemen was that it allowed the police an extended period of 180 days to file a chargesheet, and till then grant of bail was almost impossible. “This meant gang leaders and members remained behind bars for at least six months, which put an immediate stop to their criminal activities, or made it difficult for them to regroup and continue their crimes,” a senior police official said.
These same provisions, however, were highlighted as ‘draconian’ by activists, lawyers, who cited how its misuse was curbing the liberty of many, for months or years on end, without any substantial proof, giving the police unchecked powers. While there were safeguards included in the Act against misuse of these like mandating of a sanction, their effective execution remained in question.
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In 2004, the state constituted a review committee to examine its implementation, comprising a retired High Court judge, and two policemen, which in 2007, recommended that a review panel be set up for the Act. In 2010, the high court too had recommended the constitution of a review committee but the Act has remained.
While the Act was initially used against gangsters including Arun Gawli, it was also invoked in terror cases, including in the 2006 Mumbai train serial bombings case. In many cases of terror, the accused challenged the invocation of MCOCA, as well as the anti-terror law, Unlawful Activities (Prevention) Act. The accused had argued that since terrorist activities are not aimed at generating monetary gain, as is the case with the MCOCA, it cannot be invoked. Courts, however, held the validity of both laws in terror cases. The constitutional validity of the overall Act, too, was challenged, but it was upheld with some changes.
In the years following repeal of other ‘draconian’ laws like the Terrorist and Disruptive Activities (Prevention) Act, and Prevention of Terrorism Act, the MCOCA remained to be invoked in multiple cases. Some of the noted cases it was invoked include the Malegaon 2006 and 2008 blast cases, in cases involving gangs of fugitive gangster DawoodIbrahim as well as gangster Chhota Rajan. Similar laws were subsequently also brought in, in Gujarat, Delhi and other states.
The Act has been brought in as a handy tool also by multiple state governments. In 2013, troubled with a rise in the number of chain-snatching cases, police began invoking the Act against gangs involved in the crime, citing previous chargesheets, a requirement forthe Act.
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In a rare conviction last year, two were sentenced to five years in jail for snatching a 12-gram gold chain in 2020, with a fine of Rs 15 lakh imposed on each of the men. The police also began invoking it in cases of sex-trafficking.
In 2025, the state also brought in an amendment to invoke the Act in drug-trafficking syndicates, a crime already covered under an anti-drug law. In politically sensitive cases, too, the government is seen to invoke the Act to show its serious intent.
Last year, under fire for the murder of a sarpanch in Beed district, where a minister’s aide was allegedly involved, MCOCA was swiftly invoked. Recently, the government also was mulling over stricter provisions including under MCOCA to curb female foeticide, in sex-determination cases.
Sena UBT Sena has sought for MCOCA to be invoked against Kharat, who is booked on charges of rape, and the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act.
