Inspired, state to review MCOCA

The announcement was met with howls of protest from within the police force and the legal establishment, which believe MCOCA has gone a long way in helping law-enforcement agencies battle organised gangs. The decision has been seen as an attempt to woo the minority community, which has, in the past, charged the administration with excessive use of the law in criminal cases.

MCOCA came into existence in 1999 during the Shiv Sena-BJP regime after organised gangs carried out a series of high-profile killings, including that of music magnate Gulshan Kumar, Bollywood producer Mukesh Duggal and a couple of prominent builders.

The act was packed with stringent provisions to counter the underworld as the government was of the view that existing laws were not strong enough to deal with the problem.

However, this argument is considered invalid by many who regard the IPC and CrPC as sufficiently equipped to deal with underworld threats. ‘‘What we need is more effective implementation of laws,’’ said defence lawyer Nitin Pradhan.

The State Minorities Commission has taken a similar view: Draconian laws like POTA and MCOCA should be repealed since they affect the civil liberties of citizens. ‘‘I am happy they are planning to review the act,’’ said Mohd Amin Khandwani, commission chairman.

But those handling MCOCA cases think otherwise. ‘‘The act has proved effective because of provisions for severe punishment, heavy penalties, no bail and fast trials in special courts,’ said DCP (Crime) Dhananjay Kamlakar.

Public prosecutor Rohini Salian said: ‘‘In the past two years, it has affected organised crime sufficiently. It would have been difficult to make a case against people like Iqbal Kaskar (accused in Sahara Shopping complex case) under regular laws.’’

Ex-DGP S.S. Puri, the man who drafted the legislation, said any decision must to be carefully reviewed. ‘‘We should check if this piece of legislation was successful. The government should not take any decision in a hurry,’’ Puri said.

There are eight special courts in the state dedicated to MCOCA cases. Prominent cases include the fake stamps scam and the Sahara shopping complex case. But these will not be affected even if the act is diluted or repealed.