Today in Delhi, all the Gujarat MP’s and MLA’s of the Congress Party and Senior Leaders of the Gujarat Pradesh Congress Committee met the Honorable President of India at Rashtrapati Bhavan and submitted a Memorandum requesting him to deny approval and return unsanctioned the Gujarat Control of Terrorism and Organized Crime (GTOC) Bill, 2015, which was sent by the Hon. Governor of Gujarat. The Delegation was lead by , Shri Bharatsinh Solanki (President, GPCC) and Shri Shankersinh Vaghela (Leader of Opposition, Gujarat Assembly) .
The BJP state government has attempted to pass this draconian bill on multiple occasions in the past and it was refused the President Shri Abdul Kalamji during the tenure of the Vajpayee Government and President Smt Pratibha Patilji during the tenure of Manmohan Singhji government.
Addressing the media, Bharatsinh Solanki and Shankersinh Vaghela said “We have apprised the Hon. President that the BJP State Government has passed this bill only on the basis of its brute majority and its passage has ignored legitimate concerns. We also apprised the Hon. President that this bill violates fundamental tenets of our constitution and if allowed to be enforced the state government shall use it as an instrument to, harass and torture political opponents. This bill demonstrates Shri Narendra Modi’s famous Gujarat Model which encourages snooping, illegal detention and police intimidation”. While reacting on this bill, Ahmed Patel said ” This is a draconian law like a Kala Kanoon which can suppress democratic dissent and civil society. I hope it will not be part of the so called Gujarat Model which they want to implement at national level”.
The delegation also met Congress President and Congress Vice President, and discussed in detail the memorandum which was submitted to Rashtrapatiji. Both of them assured that they would do through the memorandum and do the needful.
Our main grievances regarding this bill are:
• It allows a confession to be recorded before a police official of Superintendent of Police rank to be admissible in the trial against the accused or any of the other accused in a case
• It allows evidence collected through the “interception of wire, electronic or oral communication” admissible in the court against accused
• It allows for the period of investigation to be extended to 180 days so that the police have more time to keep an accused in custody
• It provides immunity to the state government officials so that no suit or prosecution can be initiated against it for anything which is done in “good faith”
• It prevents an accused from getting bail while in custody
• In fact there was not a single word relating to terrorism or terrorist in the earlier GUJCOC Act. Though the whole act was drafted with reference to local organized crime, it was being used to do politics in the name of terrorism. When opposition challenged Government to show a single word on terrorism, Gujarat Government merely added the words ‘terrorism and terrorist’ in GUJCOC Act and called it GCTOC
• Earlier versions of this bill was rejected in 2004 and 2008 ( it was called GUJCOCA earlier) by then Presidents AJP Abdul Kalam and Pratibha Patil respectively mainly due to provisions for interception. The then Presidents had suggested amendments in provisions related to telephone interception and confessions made before police officers being considered as evidence in court.
The other prominent leaders who were present were Mr Shaktisinh Gohil, National Spokesperson & MLA N.Ravani , Ex -MP Nareshbhai Rawal , Ex Minister (Gujarat Government) Rajubhai Parmar , Ex MP
Dr Tushar Chaudhury, Ex Union Minister MLAs , MPs and office bearers of the AICC from Gujarat and office bearers GPCC.
