Petition by JoT for Gujarat Control of Organised Crime Act, 2003

Justice on Trial (JoT), an Ahmedabad-based NGO, has filed a petition in Gujarat High Court directing the Union Home Minister to obtain assent of the President Dr APJ Abdul Kalam on the Gujarat Control of Organised Crime Act, 2003 (GUJCOC Act). The High Court has issued notice, returnable on December 27, to the Union Home Ministry as well as the Gujarat government.

The Government of Gujarat had passed the Bill, the Gujarat Control of Organised Crime Act 2003, on March 26, 2003 at the instance of the then central government and the same was sent for assent of the President who returned it on March 16, 2004, to the state government with a direction to delete Sections 14 to 16 of the said Act in view of the judgment of the Mumbai High Court.

The Gujarat Legislative Assembly again passed that Bill after deleting Sections 14 to 16 of the said Act on June 2, 2004, and returned it to the President on June 19, 2004, through the Governor of Gujarat, to the Union Home Ministry. The said Bill has been pending with the President since June 19, 2004, and assent of the President has not been obtained since two and half years despite two reminders.

Identical acts are in force even today in four different states namely Maharashtra, Andhra Pradesh, Karnataka and Delhi. The law and order situation relating to terrorist infiltration, smugglers, particularly of arms explosives, narcotics, fake currency is more serious in Gujarat than it is in other states referred above. Since POTA is no more in existence, GUJCOC is most needed in Gujarat not only in view of the above illegal activities but also because of the porous coastal boundary of Gujarat abutting Pakistan. As the assent of the President has not been obtained since two and half years the terrorist activities have increased in Gujarat as such criminals are finding abode in Gujarat.

This petition has been filed by JoT to get order or directions directing the central government to immediately place the Gujarat Control of Organised Crime Act, 2003 for getting assent of the President of India.  (VSK, Gujarat)