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Thursday, February 25, 1999

Governor promulgates OCCA

 
Governor P C Alexander today issued an ordinance promulgating the Maharashtra Control of Organised Crime Act, (OCCA) 1999. The ordinance, which is now effective statewide, will curb gangsters' activities and boost the morale of police, said Deputy Chief Minister Gopinath Munde.

Addressing a hurriedly convened press conference at Mantralaya this evening, Munde said the ordinance was approved by President KR Narayanan last week, and Governor Dr P C Alexander promulgated it today.

``Criminal gangs have been operative in Mumbai, Thane and Navi Mumbai for many years and have been engaged in extortion, kidnapping, and contract killings. Gangsters take advantage of loopholes in existing laws. The new ordinance, however, has severe provisions to curb their activities,'' Munde said.

The punishment provided in the ordinance includes death sentence, life imprisonment, imprisonment for different terms and fine up to Rs 5 lakh. It has been provided that if a criminal has to be booked under the ordinance, there mustbe a cognizable offence registered against him in the last ten years. In addition, the statement of the criminal booked under the ordinance will be recorded in his mother tongue. This provision is in accordance with a Supreme Court directive passed in case of a criminal detained under TADA. To avoid police excesses, action under the OCCA will be initiated only by an officer of the rank of deputy superintendent of police. More importantly, the statement of the criminal will be recorded by an Indian Police Service officer to avoid mistakes that help accused secure release from the courts. The statement will have to be submitted to a metropolitan magistrate with immediate effect.

A criminal will be produced before court within 24 hours of being booked under the OCCA. Once booked, the criminal will not be released on bail for 90 days. Munde said special courts will soon be set up to deal with cases registered under the OCCA.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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