Gujarat passes GUJCOC Bill again

In a direct challenge to the UPA government,the Narendra Modi government rejected the suggestions made by President Pratibha Patil....

In a direct challenge to the UPA government,the Narendra Modi government rejected the suggestions made by President Pratibha Patil and reintroduced the Gujarat Control of Organised Crime GUJCOC Bill in the state Assembly on Tuesday.

The Bill was passed unanimously as Opposition members have been boycotting the proceedings of the House ever since the Speaker turned down their demand for a debate on the recent hooch tragedy in Ahmedabad.

While reintroducing the Bill,Minister of State for Home Amit Shah said that if the suggestions made by the President were accepted,the Bill would have no teeth to fight international terror in Gujarat.

The Bill will become another Indian Penal Code and,hence,removal of certain clauses as suggested by the President is not justified, Shah told the House. Shah reiterated that there was no specific law to fight terrorism after the repeal of POTA Prevention of Terrorist Activities Act,necessitating the passing of GUJCOC in the state. He also said it was unfair that a similar Bill ,MCOCA ,had been passed for Maharashtra.

Shah said that the Bill would again be sent to the President for her assent without any amendment.

The Bill was returned to the Gujarat Assembly by the President on June 24,2009,with a suggestion to delete Clause 16 and amend Clause 202 b and bring its provisions in line with the provisions of Section 43D2 of the Unlawful ActivitiesPrevention Amendment Act UAPA,2008.

Clause 16 of GUJCOC gives unfettered powers to the police,making confessions made by the accused to officers not below the rank of Superintendent of Police admissible in a court of law.

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The Centre objected to this clause as there is immense scope of procuring statements under threat,duress or torture and,therefore,the UPA-II government recommended to the President to send back the Bill for amendment.

Similarly,clause 202 b empowers the police to detain the accused for 90-180 days simply on the recommendations of the public prosecutor. This,it is argued,can be manipulated by any party in power.

Incidentally,even the Atal Bihari Vajpayee government had sent back the Bill to the state government,asking the Gujarat legislature to amend it by deleting the same portions. But the state government is now making it a political issue with a Congress-led government at the Centre.

However,the UPA government,in response to questions raised by the Modi government,has maintained that objectionable portions of the GUJCOC Bill have been borrowed from POTA and cant be accepted. The Centre,instead,suggested that the Bill be amended along the lines of the UAPA,enacted post the 26/11 Mumbai terror attack.