UP goes the MCOCA way

Tribune News Service & PTI

Lucknow, December 13

The Uttar Pradesh Government today approved the draft of a Bill to enact a stringent law on the lines of the Maharashtra Control of Organised Crime Act (MCOCA) to combat land mafia, mining mafia and organised crime in the state.

The Bill is expected to be introduced in the winter session of the state legislature, which commences here tomorrow. The draft of the Uttar Pradesh Control of Organised Crime Act (UPCOCA) was approved at a meeting of the state Cabinet chaired by Chief Minister Yogi Adityanath here.

Briefing the media after the Cabinet meeting, minister Siddharthanath Singh said: “The rule of law is the top priority of the government and for this it is essential that those indulging in mafia and ‘goonda’ activities and disturbing peace in society are identified and a special drive is launched against them... The draft provides for special courts to hear cases registered under the proposed law and a three-tier grievance redress system.”

Power Minister Srikant Sharma said the draft of the proposed legislation had been prepared in consultation with the law department to check organised and white-collar crime, and mafias. He said there were 28 provisions in the draft Bill which were not present in the existing Gangsters Act. The committee set up to examine the draft Bill also took into account a similar act in Maharashtra. It was headed by the home department’s secretary with the additional director general of police for crime and special secretary law as its members, the minister said.

“Organised crime has been defined in detail in the (draft) Bill,” Sharma said. He said arrangements had also been made to check the misuse of the Bill and that cases under it would be filed only on the recommendations of the committee of divisional commissioner and range deputy inspector general of police.

The permission of the zonal inspector general of police will be required before filing of chargesheet after thorough inquiry, he said.

It has also been proposed that assets amassed through organised crime would be taken over by the government with the permission of the court during the course of investigation to check criminal elements from taking advantage of it, Sharma said. The property will be confiscated by the state government after conviction, he said.

Sharma said special courts would be constituted for hearing of cases lodged under the provisions of this Bill and that a “state-level organised crime control authority” had been proposed to monitor gangs involved in organised crime.

It covers

• Kidnapping for ransom, illegal mining, manufacturing illicit liquor and its sale, acquiring contracts on the basis of muscle power, organised exploitation of forest produce, trade in wildlife, fake medicines, grabbing of government and private properties, and ‘rangdari’ (extortion)

In case of misuse

• Arrangements have been made to check the misuse of the Bill and cases under it will be filed only on the recommendations of the committee of divisional commissioner and range deputy inspector general of police