Rejected legislation by three presidents
Fri 29 Jan 2016, 18:33:42
The contentious Bill was first introduced by
then Gujarat Chief Minister Narendra Modi in 2003 and according to
a report the Gujarat government still has the controversial
provisions which had led to the rejection of the bill by two Presidents
earlier. It was UPA government at the Centre then. The Gujarat government,
however, ignored Patil’s suggestions and cleared the Bill for the third time in
2009. This Bill is still pending clearance by the President. It allows a
confession to be recorded before a police official of Superintendent of Police
rank to be admissible in the trial against the accused or any of the other
accused in a case The bill, in its present avatar has been criticised for being
politically motivated. Political parties, other than the BJP, have cried foul
saying it subverts freedoms guaranteed by the Constitution. Shankersinh
Vaghela in April 2015 had criticised the Bill and said that it was “not for
protection of the people but for the protection of the BJP” differences between
MCOCA and GCTOC and they are crucial. An earlier story on First post points out, "The MCOCA allows for the court to grant
bail as long as the accused wasn't on bail in any other case, while the GUJTOC
seems both investigation and prosecution end up becoming a tool to
prove a theory instead of looking for the truth.
inspiration from the now repealed Prevention of Terrorism Act (POTA) which
didn't allow for an accused to be granted bail if a public prosecutor were to
oppose it."
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