Bill on lines of MCOCA introduced in UP Assembly

The Uttar Pradesh government today tabled in the state Assembly a stringent bill to curb organised crime and terror as well as to deal with those trying to dislodge the government forcibly or violently.
On the lines of the Maharashtra Control of Organised Crime Act (MCOCA), the Uttar Pradesh Control of Organised Crime (UPCOC) Bill, 2017, will also sternly punish those using violence for anti-national acts.
The bill, introduced by Chief Minister Yogi Adityanath, was sharply criticised by the opposition, which said it would target political adversaries, minorities and others.
The statement of object and reasons appended to the bill states that the existing legal framework of penal and procedural law and the adjudicatory system were found to be inadequate in controlling organised crime.

To combat organised crime, it was decided that a special law would be introduced, with stringent and deterrent provisions including attachment of properties, remand process, setting up of special courts and special prosecutors for speedy trials and modern investigation processes.
Under organised crime, it listed offences such as kidnapping or abduction, illegal or forcible bidding in government contracts, murdering anyone by taking money or getting someone killed, grabbing of government or individual land, purchase of land on forged documents and collection of protection money.

It included illegal mining or illegal extraction of forest produce or trade in wildlife, money laundering, human trafficking, spurious liquor manufacturing and trafficking in drugs and other banned items.

The bill envisages stringent punishment for convicts. Those causing loss of life can be sentenced to death or be imprisoned for life and pay a minimum fine of Rs 25 lakh.
For other crimes, the punishment could vary between seven years and up to a life term in jail, with a minimum fine of Rs 15 lakh.
The bill also provides for setting up special courts for speedy disposal of cases in consultation with the high court.
The state Cabinet had recently approved the draft of the proposed legislation prepared in consultation with the Law Department for checking organised crime, mafia and white collared crime.

"The rule of law is the top priority of the government. For this, it is essential that those indulging in mafia and 'goonda' activities are identified and a special drive is launched against them...The bill is being brought with this purpose in mind," senior minister Srikant Sharma had said after the Cabinet meet last week.
The bill proposes setting up a state organised crime control authority headed by the principal secretary, home department, and including the ADG law and order, ADG crime and an officer of the law department nominated by the government.
Besides, a district-level Crime Control Authority will be set up under district magistrates. An appellate authority, headed by a retired high court judge and with two members from the state government, will hear petitions of the accused.

Sharma said there were 28 provisions in the bill which were not present in the existing Gangsters Act.
A committee was set up to examine the draft of the bill which took into account a similar act in Maharashtra.
Opposition leaders have said the bill could be misused to settle political scores and feared it might be used to suppress minorities and marginalised sections of the people.
BSP chief Mayawati demanded the withdrawal of the bill and claimed the Yogi Adityanath government was already misusing the law for communal and political reasons. The new bill, if passed, would only worsen the situation, she said.

"Laws are grossly misused in the state to the extent that any BJP worker walks up to a police station and the police registers false cases against the people," Mayawati said in a statement here.
"UPCOC will be used for suppression of the poor, Dalits, backwards and religious minorities," she said, adding that she wanted the bill to be withdrawn in public interest.
Congress Legislature Party leader Ajay Kumar Lallu expressed concern over the section dealing with those trying to foment terror or dislodge a government violently.
Lallu said it would be used against political foes.
The language used in the bill, especially in this regard, is a legal one but has all the scope of being misused against political persons and adversaries, he told PTI.

Samajwadi Party chief Akhilesh Yadav had said the bill could be misused to settle political scores and feared it would be used to suppress minorities and other.
Sharma had told reporters that under the proposed Act, the government could take over properties amassed through organised crime, with the permission of the court.
Those found involved in organised crime and having security cover would no longer be extended government protection, the bill stated.