Gujarat Assembly passes controversial Anti-Terror Bill

March 31, 2015

Gandhinagar, Mar 31: Gujarat Assembly today passed by a majority vote the controversial Control of Terrorism and Organised Crime (GCTOC) Bill which allows police to intercept and record telephonic conversations and submit them in court as evidence.

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The Bill, which was earlier returned by the President thrice to the state government for reconsideration, was passed by a majority vote amid stiff resistance from Opposition Congress, which walked out of the House over its controversial provisions.

The state government re-introduced the Gujarat Control of Organised Crime (GUJCOC) Bill in the Assembly after renaming it. The bill, however, has retained the controversial provisions.

The contentious provisions of the bill include admissibility of evidence collected through telephonic interception and confession made before police officer as evidence in court.

The GUJCOC Bill, which was on the lines of the stringent Maharashtra Control of Organised Crime Act (MCOCA), was rejected in 2004 and 2008 by then President AJP Abdul Kalam and Pratibha Patil respectively.

After its passage for the third time in the State Assembly without any changes, the Bill is still pending for clearance from the President.

The Bill was today again introduced in the House by Minister of State for Home Rajnikant Patel, after which a long debate took place on it, in which Opposition Congress demanded removal of controversial sections like telephonic interceptions, confessions made before some police officer as evidence and time limit of 180 days for filing of chargesheet.

At the end of the discussion, Congress leader Shankarsinh Vaghela and Shaktisinh Gohil insisted that the controversial provisions should be dropped as per the suggestions of past Presidents when they rejected the Bill.

However, Patel said that the provisions of this Bill are in favour of the nation, the people of this country and it allows us to take action against traitors and refused to drop those sections.

Subsequently, Congress walked out of the House.

Later, the Bill was passed by majority vote in the State Assembly.

Section 14 of the Bill says, "Notwithstanding anything contained in the code or in any other law which is in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissible as evidence against the accused in the court during the trial of the case."

According to Section 16 of the Bill, accused's statement before a police officer, not below the rank of Superintendent of police, will be treated as an evidence.

While, Section 20 (2) (b) says stipulated time to complete probe and file the chargesheet can be exceeded to 180 days (six months) from the current stipulated time of 90 days.

Another controversial provision under the bill is section 20 (4), which reads "no accused person in this act shall be released on bail or on his own bond unless the public prosecutor has been given an opportunity to oppose the application, the special court is satisfied that there are reasonable grounds for believing that accused is not guilty of such offence and that he is not likely to commit any offence while on bail."

The cases under the act can be tried only in a special courts set up for this purpose.

Congress leader Shaktisinh Gohil objected to the provisions of the Bill and said that some of them are even unconstitutional.

He told the House that the provision of confession before a police officer is contradictory with Indian Evidence Act as according to Section 164 of CrPC and Indian Evidence Act, a statement before the magistrate can only be considered as an evidence.

On the provision of not releasing an accused on bail, Gohil said the provision is unconstitutional which deprives the right of an accused to get released on bail on his own bond.

However, the government justified the provisions in the Bill by saying that existing legal frame work like the penal and procedural laws and adjudicatory system have been found to be rather inadequate to curb or control the menace of organised crime.

"It is therefore considered necessary to enact a special law with stringent and deterrent provisions," the state government said in the objectives of the Bill.

About the provision of telephonic interceptions, the 'Statement of Objects and Reasons' in the Bill states that this is necessary in these times where organised criminal syndicates make extensive use of wire and oral communication.

It says that the interception of such communication to obtain evidence is inevitable and an indispensable aid for the law enforcement.

Former President APJ Abdul Kalam had in 2004 raised objections over section-14 (telephonic interception as evidence) and returned the bill to the government led by the then chief minister Narendra Modi, asking it to remove the clause.

Later in 2008, the Bill was passed after deleting the clause related to interception of communication, as per the suggestion of Kalam.

However, then President Pratibha Patil rejected it and suggested some more amendments. One of them was to eliminate the provision which allows admissibility of confession made before a police officer in the court as evidence.

However, ignoring the suggestion, the state government had once again passed the bill in 2009 for the third time and sent it for President's approval.

The old Bill is still pending with the President.

But, the ruling BJP hopes that as the NDA government is in power on at the Centre, the new bill is sure to pass the test there.

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April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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April 23,2024

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Mangaluru, Apr 23: As an outbreak of avian flu has been reported in some districts of neighbouring Kerala, the border areas of Karnataka, including Mangaluru, have been put on high alert, officials of the Karnataka Animal Husbandry department said.

At present, the situation in Kerala is being monitored before any action can be taken, they said.

“Our Kerala counterparts have assured us that the avian flu has been contained within Alappuzha district. However, loading, booking and carrying poultry and poultry products on trains and at railway stations are still under consideration (surveillance), the officials said.

Not only railways but also road transport ferrying chicken loads from Kerala to Mangaluru are under surveillance. Mangaluru, being one of the largest consumers of chicken from Kerala, has halted chicken procurement from Kerala-based suppliers.

Sudhakar Shetty, a market functionary, stated, “The animal husbandry department of Kerala has advised containment of avian flu within a few districts in Kerala. We are closely monitoring the situation.” Despite this, the market has not experienced significant fluctuations in supply yet, as local stocks have been adequate to meet the demand for the next few days.

Demand for chicken could fall for a few days due to a series of temple festivals in coastal areas, where many consumers refrain from consuming meat-based meals until Saturday. Nevertheless, Sunday could witness a change, as consumers may desire hot chicken curry for their Sunday meals, according to the local people.

As officials in the animal husbandry department in Dakshina Kannada have raised awareness in the market about avian flu in the neighbouring state, the question arises whether prices will fall if demand decreases.

“We do not want to contribute to the hysteria surrounding avian flu until our local stock falls below the level of demand,” said Aston D’Souza, a farm owner.

Dakshina Kannada also serves as a good market for suppliers from Shivamogga, Hassan, and Chikkamagaluru.

“In case supplies dwindle due to an unlikely prolonged shutdown of Kerala supplies, we can always purchase from those districts, albeit at a slightly higher cost than Kerala stock,” Shetty said.

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April 24,2024

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Bengaluru: Former Prime Minister H D Deve Gowda on Wednesday slammed Rahul Gandhi’s "wealth redistribution promise", stating that only someone with no practical knowledge can speak like that.

 “He is dreaming of a revolution. By talking about wealth redistribution, Rahul Gandhi has insulted and humiliated two Congress Prime Ministers who brought market reforms and increased the wealth of the nation,” he added, recalling the contribution of P V Narasimha Rao and Manmohan Singh in economic liberalisation.

Accusing Gandhi of indirectly trying to say that what the two Congress Prime Ministers did was wrong, Gowda said, "He (Rahul Gandhi) has torn up their economic reforms like he had torn up an ordinance (which sought to overturn the rule that disqualifies convicted MPs and MLAs) issued by (the then) Manmohan Singh (government)."

The 90-year-old JD(S) supremo ridiculed the Congress manifesto claiming that only a party that is sure of never coming to power can make as many promises.

“The Congress has promised so many things in its manifesto. The only party that is very sure of never coming to power will promise so much,” Gowda said at a press conference here.

He said the Congress wants to turn this country 'upside down' and the promises made by it indicated that it wants to come to power 'at any cost'.

“Rahul Gandhi wants to do a wealth survey and distribute the wealth. Does he think he is a mass leader,” Deve Gowda said.

Picking up points from the Congress manifesto ‘Nyay Patra’, Gowda said Rahul Gandhi wants to 'give 30 lakh new central government jobs and run this country'.

“There are only 40 lakh sanctioned jobs. How can he create 30 lakh more jobs overnight? How much will he pay these people? Where will he employ them,” he asked.

“Only someone with no practical knowledge can speak like this. (P) Chidambaram was the manifesto committee chairman. Does he agree with Rahul Gandhi’s immature economic ideas,” Gowda said.

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