The main source contention could be the provision, which makes recorded telephone conversations and confessions made before senior police officials admissible as evidence. This runs counter to the provisions of the Indian Evidence Act, the Indian Penal Code and also the Criminal Procedure Code. The legislation, for which there was heavy lobbying from police after they felt that the existing laws were not adequate to deal with the menace of organised crime in the city. Senior police officers, naturally, are keeping their fingers crossed.

The legislation - officially called the Maharashtra Control of Organised Crime and popularly referred to as mini-TADA - promises to give them sweeping powers to arrest and detain suspects. The legislation will empower them to intercept anytelephone call, tape the conversation and present it as evidence at the special courts. However, before intercepting any call, they will have to seek permission from the Secretary, Home Department, who will be designated as competent authority by the State Government. Also, the confessions made before an official of the rank of Superintendent of Police or a Deputy Commissioner of Police will be treated as evidence.

The ordinance takes care of the errant officials too. They will be liable to a sentence of three years of rigorous imprisonment if found guilty of assisting gangsters or not carrying out directions given either by the superiors or the courts.

A senior official, however, said he was doubtful whether the president would give his nod to the legislation. ``The section, particularly relating to the provisions of evidence, appears to be contrary to the Indian Evidence Act, the Indian Penal Code and also the Criminal Procedure Code. These legislations do not treat recorded conversations or confessionsmade before police officials as evidence,'' the official said.

Deputy CM Gopinath Munde, who was instrumental in drafting the new legislation, however is confident. ``I feel that the new legislation will be more effective since there will be no need for police to produce an accused before the court within 24 hours of his detention or file the chargesheet within 90 days as provided under the Indian Penal Code,'' he pointed out.He said since all offences relating to threats, extortions and harbouring of criminals have been made non-bailable under the new legislation, it will be difficult for gangsters to secure anticipatory bail from the court.

The legislation, for the first time, defines organised crime as: ``Any continuing unlawful activity by an individual, singly or jointly, either as a member of a organised crime syndicate or gang or on behalf of such syndicate by violence, threat or show of violence for undue economic or other advantage for himself or the gang, will be treated as organisedcrime.''

The special courts, which will be set up under the new legislation will have all the powers of the sessions court. These courts will take cognisance of any offence without the accused being committed to it for trial on the basis of the report submitted by the police. While the proceedings will be in-camera, there will be summary disposal of cases if the punishment is for less than three years.