Centre returns Gujarat terror Bill

Dealing a blow to Gujarat Chief Minister Narendra Modis plan to have a tough anti-terror law in his state....

Dealing a blow to Gujarat Chief Minister Narendra Modis plan to have a tough anti-terror law in his state,the Centre on Friday decided to recommend to President Pratibha Patil that the Gujarat Control of Organised Crime Bill,2003,be returned with a message to the state legislature that the Bill contains provisions which are against the Government policy. It also recommended that the state should amend three critical clauses to make the Bill consonant with the Unlawful Activities Prevention Amendment Act,2008,in order to make it suitable for clearance by the Centre.

The Centre had forwarded the Bill for Presidential assent in February this year. As first reported by The Sunday Express,the President had returned the Bill to the Government in March saying that the Union Cabinet should first give its views on it.

Taking up the matter on Friday,the Union Cabinet decided that three provisions of the Bill were not in accordance with the UAP Amendment Act,2008,and needed to be amended before the Bill could be considered for approval. Under the proposed Gujarat Control of Organised Crime Act,a confession before a police officer is admissible in a court. This should be made inadmissible, Union Home Minister P Chidambaram said after the Cabinet meeting. The Bill contains a clause that says a court cannot grant bail if the public prosecutor opposes it. The court should have the power to grant bail even if the public prosecutor opposes it, he added.

Recommending to the President to return the GUJCOC Bill to the Governor of Gujarat,the Cabinet has said a message should be sent to the Gujarat Legislature asking it to reconsider the Bill and

i delete Clause 16

ii to substitute the word may for shall after the words Special Court occurring in clause 202 and bring the proviso in line with the proviso to Section 43 D 2 of the UAP Amendment Act,2008,and iii to amend Clause 204 to bring it in conformity with Section 43 D 5 of the UAP Amendment Act.

While Clause 16 relates to the confession made before a police officer being admissible in court,Clause 20 2 deals with the extension of the detention period from 90 to 180 days. Clause 20 4 deals with the powers of the court to grant bail if the public prosecutor opposes it. We will be able to recommend the Bill for assent of the President if these three things are amended to bring the Bill in conformity with the UAP Act, Chidambaram said.