Athith J Rai, Symbiosis Law School, Pune
ABSTRACT
The stringent and draconian laws like MCOCA give ambit power in the hands of the police administration and this has let to being abused like other draconian laws like Terrorist and Disruptive Activities Act(T.A.D.A) and Prevention of Terrorism Act(P.O.T.A), both of which are repealed in today’s date. The injustice and abuse can be seen in section 18 and section 22, starting from bail application to lack of review committees and unreasonable detention rules. Abdul Gafoor Chifa case and Madan S/o Ramkisan Gangwani v. State of Maharashtra are a few of many cases where the abuse of the act has been seen. The necessity of a such an Act is highly debated in today’s age.
INTRODUCTION
Since the times of kings and queens, it has been observed that when executive is given absolute power you are guaranteed its misuse, and history repeats itself once again through Acts like Maharashtra Control of Organised Crime Act [hereinafter “MCOCA”].
MCOCA was the first State legislation which was enacted to address organised crime in India. It is also known as the MCOCA 1999 bare act. It was introduced in the Legislative Assembly by Mr. Gopinath Munde and was passed by the Maharashtra State Legislative Assembly. Maharashtra Control of Organised Crime Act grants the State police, powers to, investigate and prosecute crime syndicates, including intercepting communications, and secret witnesses and seizing property. MCOCA is another addition to the set of stringent and draconian laws which have a revengeful attitude, it was brought in during the underworld era in Mumbai and one can say it was a necessary evil then but the real question is it required even today.
With this article I wish to explain how this act has been abused and how the act can and has set the stage for abuse of powers by the police.
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