The Centre today returned the controversial anti-terror bill passed by the Gujarat Assembly, saying it could not be sent for presidential assent without three key amendments.
The Gujarat Control of Organised Crime Bill has been pending with the Centre for over four years.
“The cabinet has approved the proposal to recommend to the President that the bill may be returned to Gujarat to make three changes before it can be considered for assent,” Union home minister P. Chidambaram said.
The BJP government in Gujarat has been demanding early assent for the legislation, saying it was drafted along the lines of the Maharashtra Control of Organised Crime Act.
The decision to return the bill has been taken to make it conform to the Unlawful Activities Prevention Act, which was amended by Parliament last year, Chidambaram said.
“There are three provisions of the bill which have not been in accordance with the UAP Act as amended by Parliament,” he said.
The changes proposed by the Centre include making inadmissible confessions to a police officer, which are admissible under the bill, and allowing courts the power to give bail after hearing the public prosecutor.
The Gujarat Assembly had cleared the bill five years ago.
The bill has provisions for setting up of special courts, appointment of a special public prosecutor, longer time for presenting the chargesheet, tougher punishment and considering confessional statement made before the police by the accused as proof.
“The principles are that we will be able to recommend for the assent of the President only after the three provisions are amended to bring in conformity with what Parliament has passed recently, mainly the UAP Act… that is as far as the cabinet is concerned,” Chidambaram said.
The government in Gandhinagar feels that it is imperative for the border state to have a tough law to deal with terrorist activities.
State government spokesperson Jaynarayan Vyas said: “Of course, we will discuss it in the Assembly and decide what is to be done. We will also consider the issues raised by the Centre, but they should not have delayed and kept the bill pending for so long if they had any objections.”
Civil rights activists have welcomed the move. Advocate Mukul Sinha of the Jan Sangharsh Manch said: “The draconian provisions of the bill should be repealed. Such provisions should not be allowed to exist in any form.”
In September last year, the Centre had said it was unable to give consent to the bill as it was on the lines of the repealed Prevention of Terrorism Act when Gujarat High Court order asked it to table its objections.
Source: The Telegraph
