The Vidhan Sabha passed the Uttar Pradesh Control of Organised Crime Act (UPCOCA) 2017 Bill through voice vote as entire opposition staged a walkout calling the Act as `draconian’ and precursor of undeclared emergency.
The Bill will now go to Vidhan Parishad where Government is in minority and easy passage of the Bill in Upper House will test the legislative acumen of the Government.
While initiating the debate Chief Minister Yogi Adityanath time and again said that this Act will not be mis-used and will act as an instrument to control organized crime, the opposition said it is a black law meant to control opposition, media, dalit and members of the minority community.
“It is undeclared emergency because only during emergency days the then government tried to gag media. This Act has certain provisions which are reminiscent of those days. A person can booked under UPCOCA at the whims and fancies of an inspector. The person cannot challenge his detention and this is against the spirit of natural justice,” leader of opposition Ram Govind Chaudhry said.
This was the first time when the entire opposition presented a united front and demanded that this Bill should be sent to the Select Committee.
lalji Verma (BSP) said there are already enough provisions under IPC and CrPC and there was no need to hae a separate law. Ajay Kumar lalu (Congress) said that this Act has no provision to prosecute inspector if he books a persons under UPCOCA with willful intention.
Raghuraj Pratap Singh alias Raja Bhaiya (independent) said this new Bill has no provision to challenge its imposition. “The Bill has give supreme power to a police inspector which is wrong,” he said.
A piquant situation rose in Vidhan Sabha when Azam Khan (SP) refused to speak when he was interrupted by the members of the treasury benches. Despite Speaker Hridaya Narain Dixit asked ruling members not to disrupt they continued interrupting the speech. Piqued Khan sat down saying if ruling party members do not want him to speak he will not speak.
Infuriated loP Ram Govind Chaudhry said that this attitude is the curtain raiser of things to come after UPCOCA is enacted. The ruling party will persecute opposition. As treasury benches have no respect for opposition we will not listen to the reply of the government. Saying so he trooped out of Vidhan Sabha along with other SP members.
The BSP and Congress too walked out of the House to protest ruling party members intolerance.
Initiating the debate on Thursday Chief Minister Yogi Adityanath on Thursday appealed to the Opposition to support the UPCOCA Bill. “I can assure you that this Act will not infringe upon the democratic rights of Opposition leaders, nor is it being brought in for targeting opponents as BJP believes in ‘Sabka Saath, Sabka Vikas’. We have come here to serve the people and the state and not to take revenge,” the chief minister said.
“Organised crime is bringing a bad name to the government and some people are even conspiring to malign the image of the government, forcing us to bring such an Act which is aimed at curbing organised crime and crime syndicates,” he said, while adding that it would benefit the dalits, OBCs and the poor the most.
Yogi claimed that UPCOCA will establish rule of law in the state and stressed that the Act will further strengthen the Gangster Act and Goonda Act.
During his around 80-minute speech CM narrated in detail the law and order situation and the achievements made by the state police during his nine-month rule.
Yogi claimed that nine months of BJP rule in the state had, to a large extent, reduced the number of serious crimes as 25 criminals had been liquidated in over 800 encounters. Around 2,700 hardened criminals had either surrendered or got their bail cancelled, and several hundred more criminals had left the state, he added.
The chief minister said that such a development showed how the government was working to restore the rule of law in the state.
He pointed out that the Opposition always complained about the deteriorating law and order situation in the state, but when the government acts tough they oppose it. “People will not tolerate such double standards. You will have to explain why such Opposition when UPCOCA is simply against organised crime and syndicates,” he told the Opposition.
State parliamentary affairs minister Suresh Kumar Khanna said that UPCOCA is more transparent and stringent than the one in Maharashtra and Karnataka where DIG-level officer approves filing of FIRs. In UP, it would be jointly approved by DIG/IG and the divisional commissioner. Besides, there will be an appellate authority where the accused could appeal,” he said.