Gujarat Congress MLAs to urge Prez not to clear state’s Anti-terror bill
October 02, 2015
New Delhi
Two dozen Congress MLAs from Gujarat led by Shankarsinh Vaghela will meet President Pranab Mukherjee tomorrow to urge him not to give assent to anti-terror bill passed by the Gujarat assembly.
The bill passed in Gujarat Assembly was recently cleared by the Union Home Ministry and sent to the President with a recommendation to approve it.
The GCTOC Bill of 2015 was passed by the Gujarat Assembly in March this year after Congress staged a walk out opposing it. Congress had said the provisions objected to by the previous Presidents had not been adhered to.
The Bill was earlier named as Gujarat Control of Organised Crime (GUJCOC) which was on the lines of the Maharashtra Control of Organised Crime Act (MCOCA).
It was rejected in 2004 and 2008 by the then President AJP Abdul Kalam and Pratibha Patil respectively who had suggested some amendments in the provisions related to telephone interception and confession made before police officer being considered as evidence in court.
After its passage for the third time in the state assembly, the bill is still pending for clearance from the President. It lapsed automatically after the new Assembly passed the a new Bill on the same subject.
It was earlier rejected following reservations over the clause of accepting electronically intercepted messages as evidence and admissibility of a statement before the police official as a confession statement.
In July, the Modi government at the Centre had sent back the controversial Bill to the state government asking it to clarify on certain issues raised by the Ministry of Information and Technology (IT).
The IT Ministry has objected to the provision in the Bill which allows authorisation of interception of telephone conversations and their admissibility as evidence before a court of law.
The Gujarat government had strongly rebutted the objections raised by the Ministry of IT. In its reply, the Gujarat government cited the subjects mentioned in the ‘concurrent list’ under which the Centre and the state share the responsibility of formulating ‘criminal law’ and criminal procedure’.
The Central government has given its consent to the provision of extensions of time limit for filing of charge sheet from 90 days to 180 days after consultation with other Central ministries.
PTI
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