In July ,  the bill was re-introduced in the state legislature without the changes suggested by the President So it failed To Get Passed. The Bill which was formulated in 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 , almost 16 years after it was first introduced.
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Under this Act, confessions before the police are admissible as evidence and the investigation period or the period of filing an FIR has been extended from 90 to days. Economic offences include ponzi schemes, extortion, land grabbing, contract killings, cyber crimes, human trafficking, multi-level marketing schemes and organised betting.
After it was passed for the first time, the Bill was returned in by President Kalam who objected to provisions relating to the interception of communication. In , President Patil returned it over provisions on confessions made to a police officer. After this, when some changes were made to the Bill and it became GCTOC in , President Mukherjee did not give his assent seeking some clarifications on the provisions.
In most terror cases, investigations are carried out under both central and state laws, which can sometimes come into conflict. This is where Presidential assent guided by Article 2 of the Constitution comes into play.
A Bill by Madhya Pradesh is yet to get approval. The Karnataka Control of Organised Crime Bill, now a law, was not granted approval for amendments in The first legislative effort by the Union government to define and counter terrorist activities in India was the Terrorist and Disruptive Activities Prevention Act, It was formulated with the backdrop of militancy in Punjab.
Criticised by various human rights organisations and political parties, TADA was allowed to lapse in Under its provisions, a suspect could be detained for up to days by a special court. The Act was repealed in , after reports of misuse by some state governments surfaced. Before these laws, the only legal framework against terrorist activities was the Unlawful Activities Prevention Act, , which was amended in , and most recently, in Click here to join our channel indianexpress and stay updated with the latest headlines.
Tags: Express Explained Gujarat Gujarat anti-terror bill.
Gujarat anti-terror law gets President's nod
The delegation submitted a memorandum to the President with party spokesman Shaktisinh Gohil alleging that the BJP was playing politics through the measure. President has withheld her assent to the controversial GUJCOC Bill, following state government's refusal to make amendments to it. Congress asked the President to send the proposed Gujarat anti-terror legislation, Gujcoc, back to the state assembly for reconsideration. The anti-terror bill was first returned in by President APJ Abdul Kalam objecting to the sweeping powers given to the sleuths to intercept calls. Gujarat's controversial anti-terror bill, which failed to get Presidential assent thrice, was passed by the state Assembly on Tuesday. At a high-level meeting, Rajnath reviewed the status of state legislations which the state governments sent to the MHA for obtaining assent of the President.
HC defers hearing on Gujcoc bill till Dec 10
Additional Solicitor General informed the court that the Union Cabinet is considering the matter. The hearing was postponed till December 10 after Additional Solicitor General Harin Raval informed the court that the Union Cabinet was considering the matter. Earlier, pleading before the court, advocate Tushar Mehta representing the NGO had stated that the state needed a strong anti-terror law following the recent serial bomb blasts. He contended that if states such as neighbouring Maharashtra, Andhra Pradesh and Karnataka could have anti-terror laws why the Centre was not recommending Gujcoc to the President of India.
Gujarat law against terror — its long journey, and similar laws in other states
One of the key features of the new act is that intercepted telephonic conversations would now be considered as a legitimate evidence. Also, admissibility of confession made before a police officer would also be evidence. The announcement on the Presidential assent was made by Gujarat minister of state for home Pradeepsinh Jadeja in Gandhinagar on Tuesday. In , the Gujarat government re-introduced the bill by renaming it as the GCTOC but retained the controversial provisions like empowering the police to tap telephonic conversations and submit them in court as evidence. Jadeja said the provisions of the bill will prove crucial in dealing with terrorism and organised crimes such as contract killing, ponzi schemes, narcotics trade and extortion rackets. This bill also provides for creation of a special court as well as appointment of special public prosecutors. We can now attach properties acquired through organised crimes.
Gujarat Control of Organised Crime Act
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, Dec 28, that the President had sent back the Bill because he has sought more input related to certain provisions of the Bill. The Home Ministry will provide it after taking the same from the Gujarat government, a spokesperson of the Union Home Ministry said. The union Home Ministry has already communicated to the President that it was withdrawing the Bill which was sent to him in September , and would send back a re-worked one. Ministers 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. The Congress opposition as well as NGOs had opposed the legislation. 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.
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