Union home ministry withdraws "draconian" Gujarat anti-terror bill: May resubmit on getting state clarification

By RK Misra*
The controversial Gujarat Control of Terrorism and Organised Crime(GCTOC)Bill 2015, passed by the Gujarat Vidhan Sabha but twice rejected by the previous government, has been returned by President Pranab Mukherjee as well. The Union Home Ministry has withdrawn the Bill and will re-submit it after working on the provisions that require Presidential clarity.
Official sources said in Delhi on Thursday, that the President had sent back the Bill because he has sought more input related to certain provisions of the Bill. The Union Home Ministry will provide it "after taking the same from the Gujarat government", a Ministry spokesperson said on Thursday. The Ministry has already communicated to the President that it was withdrawing the Bill which was sent to him in September 2015, and will send back a reworked one.
The Gujarat Control of Organised Crime (GUJCOC)Act was twice rejected by President’s of the Indian Union. It was tabled on the last day of the budget session in the Gujarat Assembly on March 31,2015 in a new form, called the Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill, 2015, and passed overriding the protests of the Congress opposition.
Gujarat's minister of state for home Rajnikant Patel strongly built a case for GCTOC on the ground that Gujarat shares a border with Pakistan which sponsors terrorism and such a piece of legislation is required for the safety and security of the people of the state.

"Criminal coteries are known to make common cause with terrorist elements and the two together pose a threat which needs to be curbed forthwith and therefore the need to arm the state with a stringent law like the one brought forward by the state government”, he had said on the floor of the House.
The Anandiben Patel government had taken the stand that "Maharashtra has it’s Maharashtra Control of organized Crime Act (MCOCA), as does Karnataka and Andhra Pradesh, but BJP-ruled states like Gujarat, Madhya Pradesh and Rajasthan were being denied Presidential Assent”.
The Congress opposition as well as NGOs had opposed the legislation. Gujarat Jan Andolan (GJA), an umbrella grouping of NGOs and several human rights groups petitioned the President to reject the Bill once again and warned of a statewide agitation.

Rajesh Mankad of Jan Sangharsh Manch termed the Bill as a ‘black law’ while DN Rath of the Movement for Secular Democracy (MSD) said that farmers' agitating against land acquisition may well become the first victims of this atrocious Bill, if it becomes a law. Ikram Mirza pointed to the tainted record of the Gujarat police with it’s string of fake encounters and the existing laws had the tenacity to deal with all manner of crime and criminals provided it was used properly.
The Congress opposition both in the state and the centre as well as the JD(U) and the CPM are already on record urging President Pranab Mukherjee against giving his assent to the Gujarat Anti-terror law.
The legislation has a chequred history. The GUJCOC Bill first came up post-2002 because the weapon of choice, Prevention of Terroism Act (POTA) stood repealed. It was, however, returned by President APJ Abdul Kalam, who had objected to clause 14 pertaining to interception of communication and ordered it removed.

In 2008 the Bill was again passed by the State Assembly after removing the clause but retaining the clause for confessions before police as admissible evidence.In 2008 President Pratibha Patil returned the Bill.In 2009,Modi again passed the Bill ignoring the suggestions made by the President and sent it back.
The 2015 Bill passed by the State Assembly arms the police with unbridled powers to tap personal phones without permission and detain people without let or hindrance.
The Bill which has provision for death penalty and fine of Rs 10 lakh empowers phone intercepts and it’s admissibility as evidence in courts.Same applies to confessions extracted by the police.Most importantly, it upturns the law to put the onus of proving ones innocence on the accused.

"The Special Courts shall presume,unless the contrary is proved,that the accused has committed such offence”, the Bill states. The Statement of Objects and Reasons says, "It was considered necessary to enact a special law with stringent provisions, including the power to intercept wire, electronic or oral communication."

It adds, "Person in custody under this Act cannot be released on bail unless the public prosecutor has been given an opportunity to oppose it. And a special court is satisfied there are reasonable grounds to believe accused is not guilty and will not commit any offence while on bail”.
Shaktisinh Gohil, former leader of the Congress Opposition said that GUJCOC was first rejected by the President at a time when the BJP was in power at the Centre.

Shankersinh Vaghela, the present leader of the Opposition said, "It is not for the benefit of the people but for those who are in power”. However the government seeks to defend the clause that provides for 180 days time for filing of a chargesheet under the Act, as necessary because sensitive cases require enhanced investigation time.

GUJCOC was sought to be brought in by the Modi government in Gujarat as the Prevention of Terrorism Act (POTA) enacted by the NDA government in 2002 was repealed by the UPA government immediately after coming to power in 2004. POTA itself had replaced an earlier anti-terrorism law , Terrorist and Disruptive Activities (Prevention) Act infamous as TADA which was allowed to lapse by the PV Narasimha Rao government in 1995.
---
*Senior Gandhinagar-based journalist. Blog: http://wordsmithsandnewsplumbers.blogspot.in/

Comments

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria* Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

Search This Blog