Captain Amarinder-led Punjab govt puts PCOCA plans on the back burner

‘No longer needed’: With police arresting or killing 30 of 38 most-wanted gangsters under Congress regime, need for law has ‘waned’; panel on law has met only once since June.

punjab Updated: May 11, 2018 09:31 IST
While Jailpal (left), said to be among the most powerful gangsters in the state, is on the run, Vicky Gounder was killed in an encounter on January 26. (HT Photo)

With at least 30 of 38 most-wanted gangsters in the state jailed or killed in police encounters since February 2017, the time the new regime took over, the state government has Put the enactment of Punjab Control of Organised Crime Act (PCOCA) on the back burner. The law’s key provision is that statements that gangsters give under it before a certain category of police officers could not be changed.

Time Line
  • July 2016 SAD-BJP Cabinet puts PCOCA on hold.
  • June 8 2017 DGP pushes for it and the state Cabinet forms a sub-committee
  • August 2017 First meeting of the sub-committee held.
  • October 2017 Advocate general suggests key changes
  • November 2017 CM declares in Patiala that act would be a reality by the month end.
  • May 2018 Chairman of the subcommittee says debatable whether the law was really needed.

An indication of the government’s lack of interest is that the Cabinet sub-committee to which the law was referred to in June 2017 has met only once over the past 11 months, in August. Health minister Brahm Mohindra heads the panel. Local bodies minister Navjot Singh Sidhu and technical education minister, Charanjit Singh Channi, are also on the panel.

On the lines of the Maharashtra Control of Organised Crime Act (MCOCA), the law is a brain-child of state DGP, Suresh Arora, who had pushed for its introduction to crackdown on organised crimes during the previous SAD-BJP government.

“When Captain Amarinder Singh took charge as chief minister, the situation was different. Gangsters had a free run and targeted killings were taking place. Now, the scenario has changed. With no-political interference, the police have cracked hard and most gangsters are behind bars or were killed. Do we still need a law like PCOCA is debatable?” Mohindra told HT.

The law was put up before the previous Cabinet in July 2016. It was put on hold, after a few ministers raised apprehension that certain clauses could be misused to settle scores with political opponents.

What the law proposes

Originally, PCOCA proposed that a statement given before a SP rank official would be admissible before court. This was amended later, suggesting that the SSP rank officer would record statements under this law and it would go to the IG, who would then invoke the Act, only after permission from an ADGP rank officer. An ADGP was supposed to be responsible for enactment

AG Punjab has also suggested a ‘sunset’ clause in the Act and repeal it after three years.

“I don’t think we need this law. Police in Punjab are already mighty, probably the most powerful police force in India. It runs like a parallel government. We should not forget that we have not been able to tame an SHO (Paraminder Bajwa, who has registered the FIR against Congress candidate from Shahkot Hardev Singh Ladi Sherowali). Imagine, if any SSP gets out of control using the PCOCA,” said another member of the sub-committee.

DGP bats for the law

Punjab DGP Suresh Arora admits that a feeling had developed within the government that the state did not need PCOCA. However, he is in favour of the law.

“There is hardly any possibility of misuse of the law, as many checks have been proposed,” the DGP added.

Citing the low conviction rate of gangsters, he added that the law was also required in the trial of the arrested gangsters. “Of 105 gangsters arrested between 1996 and 2016, only 10 were convicted. In most cases, witnesses turned hostile due to fear or a compromise was struck,” he adds.

“Statements given under PCOCA cannot be changed. Hence, gangsters will fear this law,” he has, in the past, claimed. Karnataka, Bihar, Delhi, Jharkhand, Andhra Pradesh and Kerala have similar laws to deal with organised crime

Most top gangsters nabbed or killed

Since the new government of chief minister Captain Amarinder Singh took charge, around 630 of 700 gangsters that functioned in the state have been nabbed. HT recounts the list of top gangsters killed or caught.

Vicky Gounder and Prem Lahoria (over 20 cases)

An escapee of high-security Nabha Jail in November 2016, Gounder was killed in an encounter in Sri Ganganagar district of Rajasthan on January 26. Lahoria was gunned down with Gounder.

Manpreet Manna and Prabhdeep Singh

Killed in a police encounter in Gulabgarh village, Bathinda, on December 17, 2017 when they were fleeing after snatching a SUV.

Gurbaksh Sewewala (12 cases)

A member of Devinder Bambiha gang, arrested by the state police after an encounter in Bathinda in May 2017. Facing at least 12 cases

Gurpreet Singh Sekhon (7 cases)

One of the masterminds of the Nabha jailbreak, arrested from a house at Dhudike village in Moga on February 12, 2017.

Ravicharan Singh alias Ravi Deol

A boxer-turned-singer who later took to crime. Surrendered in a Sangrur court on January 30 after Sri Ganganagar encounter.

Kulpreet Singh Neeta Deol

An escapee from Nabha jail, Deol was arrested in a joint operation of Punjab police with MP police from Indore on January 17, 2017.

Saraj Mintoo

Saraj shot Shiv Sena leader in Amritsar in broad daylight on October 30 in Amritsar. Arrested from Jalandhar on March 6.

Some still on the run

Jaipal

Son of a former cop from Ferozepur, he is said to be one of the most powerful gangsters in the state

Tirath Singh

An aide of Jaipal, Tirath, a native of Dhilwan in Faridkot, is among the most dreaded gangsters in Punjab, known for contract killing. He is wanted in more than ten such cases

Jaspreet Singh Goppy Ghanshampria

Hails from Amritsar district. Wanted in more than 10 cases of killing and robberies. He operates with another most-wanted gangster Supreet Singh alias Harry Chatha, who is also from Amritsar.

Dilpreet Singh Baba

From Nurpur Bedi of Roopnagar district, Baba shot into limelight recently by attaching Punjabi singer Parmish Verma. Wanted in 10 cases

Others most wanted

Akash Naded, Sukh Bhikhariwal, Gagna Hatur, Shubham Amritsar.