Centre approves OCA

Rane said once the ordinance is promulgated, it will help Mumbai police improve the law and order situation. 8220;Armed with provisions of the new legislation, law-enforcing agencies will be able to deal with gangsters and underworld elements with an iron hand. I8217;m sure Mumbai will witness a marked change in the law and order situation within a week,8221; Rane said.

In the wake of increased gangland activities and inability of police to tackle the deteriorating law and order situation, the state cabinet had on November 28 last year recommended a comprehensive legislation to curb anti-social activities.

However, since the new legislation envisaged certain basic changes in Indian Penal Code, Criminal Procedure, Bombay Police Act and Indian Evidence Act, it was referred to the Centre. 8220;The Centre had sought clarifications from us, and we provided them the necessary information,8221; Rane said.

The alliance government8217;s main contention was that after the lapse of Terrorist and Disruptive Activities Prevention Act TADA, police had virtually become handicapped and could not book gangsters. Subsequently, the alliance government introduced a new legislation, Maharashtra Prevention of Dangerous Activities Prevention Act, but that too failed to restore peace.

The new legislation gives sweeping powers to police, and its provisions are more or less similar to those of TADA. The highlight of the new legislation is that the accused will have to prove he is not guilty of committing a crime and secondly, even a person remotely linked to gangsters can be punished for abetting organised crime.

As per the proposed ordinance, taped conversations between gangsters will be treated as evidence, so will a statement recorded before an official of the rank of deputy commissioner of police or above. It also provides for enhanced punishment up to 14 years and attachment of properties of absconding gangsters. Now it will be binding on cellular companies to provide names of persons who had booked the phone.

8220;It was found that cellular phones were helpful to gangsters, particularly those indulging in extortion rackets. Now it will be the responsibility of the company to keep a record of such telephones,8221; a senior home department official remarked.

After the OCA comes into force, the officer said, it will be the responsibility of police to provide adequate protection to witnesses deposing before court.

Once the ordinance is promulgated, the alliance government will be empowered to set up special courts and appoint special prosecutors for speedy disposal of cases.