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Gujarat Control of Organised Crime Act (edit)
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{{Use dmy dates|date=February | {{Short description|Law of Gujarat, India}} | ||
{{use Indian English|date=February | {{Use dmy dates|date=February 2022}} | ||
{{update|date=November | {{use Indian English|date=February 2022}} | ||
{{update|date=November 2022}} | |||
== Recent Development == | == Recent Development == | ||
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| status = Pending | | status = Pending | ||
}} | }} | ||
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. On 5 November 2019 President Ram Nath Kovind given his assent.<ref>{{Cite news|url=https://www.indiatoday.in/india/story/gujarat-anti-terror-law-president-assent-4th-attempt-1615934-2019-11-05|title=Controversial Gujarat anti-terror law gets President assent on 4th attempt|date=5 November 2019|work=Indiatoday|access-date=5 November | 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. On 5 November 2019 President Ram Nath Kovind given his assent.<ref>{{Cite news|url=https://www.indiatoday.in/india/story/gujarat-anti-terror-law-president-assent-4th-attempt-1615934-2019-11-05|title=Controversial Gujarat anti-terror law gets President assent on 4th attempt|date=5 November 2019|work=Indiatoday|access-date=5 November 2022}}</ref> | ||
==Introduction And Presidential Assent== | ==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]]).<ref name="expressindia1">{{cite web |url=http://www.expressindia.com/latest-news/united-against-terror-bjp-deserters-back-modi-stance-on-gujcoc-bill/360759/ |title=BJP deserters back Modi stance on GUJCOC Bill |access-date=28 July 2009 |archive-url=https://web.archive.org/web/20080916231557/http://www.expressindia.com/latest-news/United-against-terror-BJP-deserters-back-Modi-stance-on-GUJCOC-Bill/360759/ |archive-date=16 September 2008 |url-status=dead }}</ref> It was then sent to the office of the [[President of India]] for assent.<ref>{{cite web |url=http://www.expressindia.com/latest-news/jaipur-blasts-revive-debate-over-gujcoc-bill/310482/ |title=Jaipur blasts revive debate over GUJCOC Bill |access-date=28 July 2009 |archive-url=https://web.archive.org/web/20080620101454/http://www.expressindia.com/latest-news/Jaipur-blasts-revive-debate-over-GUJCOC-Bill/310482/ |archive-date=20 June 2008 |url-status=dead }}</ref> In 2003 But The Then President Dr.[[A. P. J. Abdul Kalam|A.P.J. Abdul Kalam]] didn't Give His Assent Because of Few Controversial Points Which Are Listed Below. | 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]]).<ref name="expressindia1">{{cite web |url=http://www.expressindia.com/latest-news/united-against-terror-bjp-deserters-back-modi-stance-on-gujcoc-bill/360759/ |title=BJP deserters back Modi stance on GUJCOC Bill |access-date=28 July 2009 |archive-url=https://web.archive.org/web/20080916231557/http://www.expressindia.com/latest-news/United-against-terror-BJP-deserters-back-Modi-stance-on-GUJCOC-Bill/360759/ |archive-date=16 September 2008 |url-status=dead }}</ref> It was then sent to the office of the [[President of India]] for assent.<ref>{{cite web |url=http://www.expressindia.com/latest-news/jaipur-blasts-revive-debate-over-gujcoc-bill/310482/ |title=Jaipur blasts revive debate over GUJCOC Bill |access-date=28 July 2009 |archive-url=https://web.archive.org/web/20080620101454/http://www.expressindia.com/latest-news/Jaipur-blasts-revive-debate-over-GUJCOC-Bill/310482/ |archive-date=20 June 2008 |url-status=dead }}</ref> In 2003 But The Then President Dr.[[A. P. J. Abdul Kalam|A.P.J. Abdul Kalam]] didn't Give His Assent Because of Few Controversial Points Which Are Listed Below. | ||
# Delete Clause 16 - Clause 16 relates to the confession made before a police officer being admissible in court<ref name="gujcoc_change_june_2009">{{cite web|url=http://www.indianexpress.com/news/Centre-returns-GUJCOC-Bill--asks-state-to-amend-3-clauses/478913|title=Centre returns GUJCOC Bill, asks state to amend 3 clauses}}</ref> | # Delete Clause 16 - Clause 16 relates to the confession made before a police officer being admissible in court<ref name="gujcoc_change_june_2009">{{cite web|url=http://www.indianexpress.com/news/Centre-returns-GUJCOC-Bill--asks-state-to-amend-3-clauses/478913|title=Centre returns GUJCOC Bill, asks state to amend 3 clauses|date=20 June 2009 }}</ref> | ||
# 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<ref name="gujcoc_change_june_2009" /> | # 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<ref name="gujcoc_change_june_2009" /> | ||
# 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.<ref name="gujcoc_change_june_2009" /> | # 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.<ref name="gujcoc_change_june_2009" /> | ||
In July 2009,<ref>{{cite news |url=http://articles.timesofindia.indiatimes.com/2009-07-28/india/28166240_1_gujarat-control-gujcoc-bill-anti-terror-bill |archive-url=https://web.archive.org/web/20121024085118/http://articles.timesofindia.indiatimes.com/2009-07-28/india/28166240_1_gujarat-control-gujcoc-bill-anti-terror-bill |url-status=dead |archive-date=24 October 2012 |work=[[The Times of India]] |title=Gujarat passes anti-terror bill, rejects President's suggestions | date=28 July | In July 2009,<ref>{{cite news |url=http://articles.timesofindia.indiatimes.com/2009-07-28/india/28166240_1_gujarat-control-gujcoc-bill-anti-terror-bill |archive-url=https://web.archive.org/web/20121024085118/http://articles.timesofindia.indiatimes.com/2009-07-28/india/28166240_1_gujarat-control-gujcoc-bill-anti-terror-bill |url-status=dead |archive-date=24 October 2012 |work=[[The Times of India]] |title=Gujarat passes anti-terror bill, rejects President's suggestions | date=28 July 2022}}</ref> the bill was re-introduced in the state legislature without the changes suggested by the President So it failed To Get Passed.But in 2019 The Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill passed by the Gujarat State Assembly has received President Ram Nath Kovind's assent. The Bill which was formulated in 2003 when Prime Minister Narendra Modi was Chief Minister of the State had been sent for presidential clearance three times. Each time it was rejected over a few controversial provisions. | ||
The Bill found success in its fourth attempt, when President Kovind gave his assent on 7 November 2019, almost 16 years after it was first introduced. It was termed controversial for two key features: intercepted telephone conversations would be considered legitimate evidence and a confession made before a police officer would also be considered documented evidence. President [[Ram Nath Kovind]] has passed both provisions.<ref>{{Cite web|url=https://frontline.thehindu.com/dispatches/article29922498.ece|title=President's assent to Gujarat anti-terrorism Bill of 2003|last=Katakam|first=Anupama|website=Frontline|language=en|access-date=2019-11-08}}</ref> The law provides for the constitution of a special court along with the appointment of special public prosecutors to handle organised crime cases. Furthermore, assets acquired through organised crime can be auctioned and the transfer of assets can be cancelled. | The Bill found success in its fourth attempt, when President Kovind gave his assent on 7 November 2019, almost 16 years after it was first introduced. It was termed controversial for two key features: intercepted telephone conversations would be considered legitimate evidence and a confession made before a police officer would also be considered documented evidence. President [[Ram Nath Kovind]] has passed both provisions.<ref>{{Cite web|url=https://frontline.thehindu.com/dispatches/article29922498.ece|title=President's assent to Gujarat anti-terrorism Bill of 2003|last=Katakam|first=Anupama|website=Frontline|date=8 November 2019 |language=en|access-date=2019-11-08}}</ref> The law provides for the constitution of a special court along with the appointment of special public prosecutors to handle organised crime cases. Furthermore, assets acquired through organised crime can be auctioned and the transfer of assets can be cancelled. | ||
The new law states that any act intended to disrupt law and order, public order or endanger the unity, integrity and security of the State or to spread terror in the minds of sections of people will fall into the category of terrorism. The new law is formulated to deal with terrorism and organised crime such as contract killing, ponzi schemes, the narcotics trade, extortion rackets, cybercrime, land-grabbing and human trafficking. | The new law states that any act intended to disrupt law and order, public order or endanger the unity, integrity and security of the State or to spread terror in the minds of sections of people will fall into the category of terrorism. The new law is formulated to deal with terrorism and organised crime such as contract killing, ponzi schemes, the narcotics trade, extortion rackets, cybercrime, land-grabbing and human trafficking. | ||
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==References== | ==References== | ||
{{Reflist}} | {{Reflist}} | ||
{{DEFAULTSORT:Gujarat Control of Organised Crime Act}} | {{DEFAULTSORT:Gujarat Control of Organised Crime Act}} | ||