Gujarat Control of Organised Crime Act

The Gujarat Control of Organised Crime Act (GUJCOCA) is a controversial anti-terrorism legislation passed by the state legislature of Gujarat, India, in April 2003. It is awaiting Presidential approval.

Introduction and presidential assent

The bill was drawn on the lines of the Maharashtra Control of Organised Crime Act (for Maharashtra) and Karnataka Control of Organised Crime Act (for Karnataka).[1] It was then sent to the office of the President of India for assent.[2] The bill was returned to the state legislature suggesting certain amendments.[3] In June 2004,[4] it was passed again by the state legislature after deleting the provisions relating to interception of communication as suggested by the then President, Dr. A P J Kalam and sent back for approval.

The bill was sent back to the state in December 2008 with suggestions of further amendments, but the President's office recalled the file back shortly in January 2009 saying it wanted to have another look.[5] In June 2009[6] the bill was returned to the state with recommendations to make following amendments to 3 clauses.

  1. Delete Clause 16 - Clause 16 relates to the confession made before a police officer being admissible in court[6]
  2. Substitute the word “may” for “shall” after the words Special Court occurring in clause 20(2) and bring the proviso in line with the proviso to Section 43 D (2) of the Unlawful Activities (Prevention) Act(Amendment), 2008, - Clause 20 (2) deals with the extension of the detention period[6]
  3. Amend Clause 20(4) to bring it in conformity with Section 43 D (5) of the UAP (Amendment) Act - Clause 20 (4) deals with the powers of the court to grant bail.[6]

In July 2009,[7] the bill was re-introduced in the state legislature without the changes suggested by the President and passed.

See also

References

  1. ↑ "BJP deserters back Modi stance on GUJCOC Bill".
  2. ↑ "Jaipur blasts revive debate over GUJCOC Bill".
  3. ↑ "You can't sit on GUJCOC Bill, State tells Centre". expressindia.com.
  4. ↑ "Gujarat gets new anti-terror law". rediff.com.
  5. ↑ "Home wants to have another look at Gujarat anti-terror law, recalls file".
  6. 1 2 3 4 "Centre returns GUJCOC Bill, asks state to amend 3 clauses".
  7. ↑ "Gujarat passes anti-terror bill, rejects President's suggestions". Times of India. 28 July 2009.
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