Gandhinagar

Union Ministry of Home Affairs (MHA) has sought clarifications from the Gujarat government on the Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill, 2015, a senior official said today.

The bill was passed in March, 2015 in the Gujarat Assembly and was sent for presidential assent, since some of the provisions are in contravention of central laws.

“The bill has not been returned to the Gujarat state government. They just wanted some clarification on provisions related to the IT Act. We have received their request and the Gujarat Home department will send their comments in days to come,” Gujarat Chief Secretary G R Aloria said here.

“I only know that comments were requested by the MHA regarding provisions related to the IT Act in the GCTOC bill,” Aloria said without elaborating.

“Notwithstanding anything contained in the Code or in any other law for the time being in force, the evidence collected through interception of wire, electronic or oral communication under provisions of any other law shall be admissible as evidence against the accused in the Court during the trial,” as per Clause 14 of the GCTOC Bill.

GCTOC Bill, passed by a majority vote in March 2015, allows the police to record and use telephonic intercepts as evidence.

Incidentally, the GCTOC Bill happens to be the new version of the older Gujarat Control of Organised Crime (GUJCOC) Bill, which failed to get presidential assent thrice.

Other controversial provisions of this bill include considering confessions made to police officers as evidence.

It also has a provision where period of filing of chargesheet can be extended to six months and no bail can be obtained by the accused on a personal bond.

Earlier, the GUJCOC Bill was sent back by President A P J Abdul Kalam in 2004 and Pratibha Patil in 2008 when present Prime Minister Narendra Modi was Gujarat Chief Minister.

It was once again passed by the Gujarat state Assembly in 2009, and is pending before the President.

After the change of government in New Delhi, the Gujarat government modified the bill, called it GCTOC bill and passed it in the Gujarat Assembly in March this year.

Gujarat Governor O P Kohli later sent the bill for Presidential assent.

PTI