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Monday, October 26, 1998

New law may give cops sweeping powers

EXPRESS NEWS SERVICE  
MUMABI, October 25: The Mumbai police is pinning its hopes on the proposed law -- Organised Crime Control Act (OCCA) -- to get a grip on the fast-deteriorating law and order situation in the metropolis.

Expected to be promulgated in the form of an ordinance, OCCA is likely to give sweeping powers to the police for accosting gangsters -- thus acquiring the pre-natal name of `mini-TADA' and attracting severe criticism even though it is still at the level of conception.

The law will, it is believed, provide stringent punishment for carrying unlicensed arms and possessing unaccounted for wealth and thus break the backbone of gangsterism in the city, something which the Arms Act has not been able to deal with effectively.

``Keeping an unlicensed firearm in notified area will be punished more severely than provided for in the Arms Act,'' said a senior police officer, pointing out that anybody who is booked under the Arms Act can get bail rather easily. Similarly, those who have amassed wealth through illicitmeans and fail to account for their monies also manage to go scot-free. Despite strong suspicions and at times evidence, the police are unable to seize property of suspects but OCCA will deal more seriously with these matters so much so that wealth earned through illegal means could be attached.

What has warmed the cockles of the city's cops is the fact that the law is expected to address their common argument (and biggest grievance) that they are ill-equipped to deal with gangsterism because of the lack of a stringent law that can put away known criminals. The police have often cited the loopholes in the law that allow even dreaded criminals to get out on bail within weeks as one of the primary reasons for failure to deal with gangwars.

The new law is reportedly being drafted to deal with these apprehensions of the police. Not only will a person arrested be in jail during the pendency of the trial, but the onus of proving his innocence will lie on the accused (a throwback to TADA). Also, special courtswould be set up to deal with these cases so that they can be disposed of quickly. The only law the city police resorts to now is the Maharashtra Prevention of Dangerous Activities of Bootleggers, Slumlords Act (MPDA). But the MPDA is only a preventive law and has only limited use for the police as they can only detain gangsters for one year. (Arun Gawli was released a few weeks ago after being booked under this law last year.)

But the government and police are at pains to discount fears that this would be a replacement of TADA. D Sivanandhan, joint commissioner, crime, says: ``There is nothing draconian about the law. Special courts will be established to book the criminals and dispose of such cases expeditiously.'' The act will carry the best features of other laws like Karnataka state law and Tamil Nadu terrorist law. At the same time, the negative aspects of TADA and TN terrorist law will be removed, a senior police officer said.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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