Governor has sent the controversial UP Control of Organized Crime Bill for Presidential reference

| | Lucknow | in Lucknow

Governor has sent the controversial UP Control of Organized Crime Bill (UPCOCA), 2018 passed by both Houses of UP Legislature for Presidential reference. Naik has also referred two other Bills - `UP Inter-state Migrant Labour (Amendment) Bill, 2018 and UP Revenue Code (Amendment) Bill, 2018 for Presidential reference.

Incidentally, a similar law to curb organized crime was passed by UP government during Mayawati’s regime in 2007-08, but it was withdrawn after the then President Pratibha Patil refused to give her nod.

UPCOCA was first introduced by the Yogi government and passed by UP Assembly in December 2017. The Bill fell in the Legislative Council as the ruling BJP lacked majority in the Upper House. The Bill was then referred to a select committee of Council which rejected the Bill. It was again passed by UP Aassembly during the Budget session in February and later sent to the Governor for his assent.

The UPCOCA law would give special powers to the police to arrest offenders and members of crime syndicates and empowers the state to seize property of such people after taking consent of a special court constituted to hear cases. Properties acquired through illegal activities and organised crime could also be seized.

Some crimes defined under UPCOCA are : land grab (government and private property), illegal mining, manufacture and sale of illegal medicines and illicit liquor, money laundering, wildlife smuggling, extortion, abduction syndicate, hafta collection, murder and conspiracy to murder and white-collar offences.

If found guilty, offenders would face a minimum jail term of three years and a maximum of life imprisonment or even death sentence. The accused will not be granted bail for six months after the arrest. The UPCOCA has 28 provisions in addition to Gangsters Act - the existing law against organised crime.

Opposition parties had vehemently opposed the UPCOCA saying that the new law could potentially be used as a tool to suppress rivals, settle political rivalry and target specific communities.