Union cabinet seeks 3 amendments to state’s tough anti-terror law.
In a stinging setback for the BJP-led Gujarat government, the Union cabinet on Friday returned the Gujarat Control of Organised Crime Act (Gujcoc) bill and sought amendments to “three harsh and draconian” provisions.
The cabinet said that without the amendments, the bill could not be sent to the President. The bill has provoked intense controversy in the past, with Narendra Modi and LK Advani suggesting that a law such as Gujcoc could have deterred the perpetrators of the blasts which rattled Gujarat in July 2008. The bill was first sent to the Union cabinet in 2003. APJ Abdul Kalam, who was the President then, returned it seeking the deletion of two clauses. The amendments were incorporated and the bill sent back to the cabinet in 2004.
“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 told reporters after a cabinet meeting. The meeting had been presided over by Prime Minister Manmohan Singh.
As for the bill, it also contains a clause stating that 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,” Chidambaram said. The third amendment related to section 20 (2) of the bill that deals with the power of a special court to extend an accused person’s detention without bail from 90 days to 180 days. This provision was opposed by the cabinet. “Once these amendments are effected, the cabinet will be in a position to recommend to the President to grant assent,” Chidambaram said.
Gujarat’s minister of state for home, Amit Shah, said, “The central government’s action is inspired by vote-bank politics. Allowing the Act in Maharashtra and rejecting it in Gujarat is completely against the federal principles of India.”
He said he could not comment on Gujarat’s action plan because the
assembly session had been announced.
Bill that got the foot Bill is drawn after the Akshardham terror attack of Sep 2002.
Gujarat legislature passes bill in 2003, sends it to prez on April 1 that year.
On Dec 24, 2003, Centre recommends deletion of 2 clauses, sends back bill.
Amended bill forwarded again to prez in June 2004.
Since then, the state had been waiting for the presidential approval.
Gujcoc is based on an Act that has been implemented by Maharashtra.
Changes that Centre wantsUnder the proposed Gujarat Control of Organised Crime Act, a confession before a police officer is admissible in a court. This should be made inadmissible.
The act contains a clause stating that 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.
Cabinet also opposed provision to allow court to extend detention without bail from 90 to 180 days.
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