In an attempt to control organised crime, the Yogi government has decided to bring Uttar Pradesh Control of Organised Crime Act (UPCOCA) which will deal with crime and mining mafia, kidnappers and extortionists. The Opposition refrain however was that the Act will target only Muslims.
The Act, quite on the lines of Maharashtra Control of Organised Crime Act (MCOCA), was passed by the state cabinet at a meeting held in lucknow on Wednesday. It would be presented in the Winter session of the state legislature which begins on Thursday. This Act, if passed by the state legislature, needs to be ratified by the President of India.
Previously, former CM Mayawati during her regime, had introduced a similar Act but was forced to withdraw it in September 2008 after the refusal of Presidential assent.
“This Bill is meant to deal with organized crime. All those people involved in kidnapping or demanding extortion would be booked under this Act. The government was forced to bring this stringent Act as the Ganster’s Act did not cover many of these crimes in a holistic manner,” government spokesman Srikant Sharma said.
Sharma said that the new Act would help in curbing organised crime and rein in white-collared criminals. “There would be a provision of action against people who patronise criminals. Besides, the government will be given power to attach properties of criminals and their associates. No one, including politicians, would be spared if found involved involved organised crime," Sharma stressed.
The provisions of the stringent Act has been drafted on lines of MCOCA, which will include crimes like grabbing of government contracts through unfair means, grabbing of government land, illegal mining, blackmailing and manufacturing of fake medicines and spurious liquor.
However, the new Act will have several riders in order to protect innocents from being framed. "Cases under the new law would only be registered after approval of a committee headed by Divisional Commissioner and Zonal Inspector General of Police, and after ratification by a state-level appellate authority headed by a retired high court judge," Sharma said.
District-level committees, headed by District Magistrates, will also be set up to look into cases of UPCOCA and they would be required to submit reports to the appellate authority.
Sharma said that the Act will give sufficient powers to the government to attach properties of the convicts through judicial process while special courts would be set up for speedy trial of the accused.
Accused charged with UPCOCA will not get any police protection. The new law, if implemented, will provide capital punishment for certain crimes and criminals against whom cases are registered under this Act, will not get bail from lower courts.
The new Act is set to have political reactions.
Samajwadi Party spokesman Rajendra Chaudhray said that his party would oppose the Act vehemently inside the legislature as well as outside. “This law is meant to target Muslims. The Samajwadi Party will not allow this,” he said.
Interestingly, the ruling BJP is not in a majority in the Upper House and hence it would be interesting to see how the government manages to get it passed in Vidhan Parishad.