The UP government on Wednesday introduced in the state Assembly a bill to enact a stringent law on the lines of the Maharashtra Control of Organised Crime Act (MCOCA) to combat organised crimes in the state.
The Uttar Pradesh Control of Organised Crime Bill, 2017, was introduced in the House by Chief Minister Yogi Adityanath soon after the Question Hour.
On the lines of the Maharashtra Control of Organized Crime Act (MCOCA), the Uttar Pradesh Control of Organised Crime (UPCOC) Bill, 2017, will also sternly punish those using violence and indulging in anti-national acts.
The statement of object and reasons appended to the bill states that ``the existing legal framework of penal and procedural law and the adjudicatory system were found to be inadequate in controlling organized crime. To combat organized crime, it was decided to enact a special law with stringent and deterrent provisions including attachment of properties, remand process, setting up of special courts and special prosecutors for speedy trials and modern investigation processes to control the menace of the organized crime’’.
The statement further said `` organized crime has for quite some years has emerged as a widespread and serious threat to society, it knows no national boundary and is fuelled by illegal wealth generated by organized crime
Under organized crime, it listed offences such as kidnapping or abduction, illegal or forcible bidding in government contracts, extortion, contract killing by taking money or getting someone killed, grabbing of government or individual land, purchase of land on forged documents and collection of protection money. It included illegal mining or illegal extraction of forest produce or trade in wildlife, money laundering, human trafficking, spurious liquor manufacturing and trafficking in drugs and other banned items.
The bill envisages stringent punishment for convicts. Those causing loss of life can be sentenced to death or be imprisoned for life and pay a minimum fine of Rs 25 lakh. For other crimes, the punishment could vary between seven years and up to a life term in jail, with a minimum fine of Rs 15 lakh. The bill also provides for setting up special courts for speedy disposal of cases in consultation with the high court.
“The rule of law is the top priority of the government. For this, it is essential that those indulging in mafia and ‘goonda’ activities are identified and a special drive is launched against them. The bill is being brought with this purpose in mind,” energy minister and the government’s spokesman Srikant Sharma had said after the Cabinet meet last week. The bill proposes setting up a state organised crime control authority headed by the principal secretary, home department, and including the ADG law and order, ADG crime and an officer of the law department nominated by the government.
Besides, a district-level Crime Control Authority will be set up under district magistrates. An appellate authority, headed by a retired high court judge and with two members from the state government, will hear petitions of the accused. Sharma said there were 28 provisions in the bill which were not present in the existing Gangsters Act. A committee was set up to examine the draft of the bill which took into account a similar act in Maharashtra.