Why MCOCA gives ATS upper hand

The Mumbai ATS decision to invoke MCOCA 1999 against the 10 persons arrested in connection with the Malegaon blasts changes the entire complexion of the case and its investigation so far.

The Mumbai Anti-Terrorist Squad8217;s decision to invoke MCOCA 1999 against the 10 persons arrested in connection with the Malegaon blasts changes the entire complexion of the case and its investigation so far. First and foremost, by booking the accused under MCOCA, the ATS has increased its chances of getting a conviction against them.

Under MCOCA, the ATS can now take up to 180 days to file the chargesheet against the accused as compared to the 90 days available to the prosecution under the Code of Criminal Procedure.

Legal experts say with the Supreme Court having upheld the validity of recorded telephone conversations of an accused as well as interception of telephone conversations, the ATS would now be able to make better use of intercepts of phone conversations between some of the arrested accused.

Unlike the Indian Evidence Act, 1872, and the Code of Criminal Procedure, confessions reportedly made by the accused before a police officer not below the rank of the Superintendent of Police would be admissible in the trial of the 10 accused.

But, the most effective weapon that the ATS has now added to its arsenal is the clause pertaining to presumption of offence. Unlike the normal law, if during prosecution for an offence, the ATS is able to prove that arms or explosives were recovered from the possession of the accused and there is reason to believe that such arms were used in the commission of the offence, then the Special Court would 8220;presume, unless the contrary is proved, that such person has committed the offence8221;. Simply put this means that in the eventuality of the ATS being able to show recovery of arms or explosives from the 10 arrested accused, they would be guilty unless proved innocent. Also, under MCOCA, ATS officers investigating the case can8217;t be proceeded against if found guilty of any malafide action.