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After Centre’s objections, Haryana Control of Organised Crime Bill withdrawn
For the second time in the last two years, Haryana Control of Organised Crime (HCOC) Bill, twice passed by the state legislature in 2019 and 2020, was withdrawn on Monday following objections by Centre
For the second time in the last two years, the Haryana Control of Organised Crime (HCOC) Bill, twice passed by the state legislature in 2019 and 2020, was withdrawn on Monday following objections by the Central government. The Bill drafted on the lines of the Maharashtra Control of Organised Crime Act (MCOCA) was introduced to check organised crime syndicates and gangs in the state. After being passed by the state assembly in 2019 and then in 2020, the Bill was reserved by the Haryana governor for the consideration of the President under Article 201 of the Constitution.
The Central government had in 2020 sent the Bill back to the state government after raising objections to the provisions pertaining to phone interception and its authorisation in the HCOC Bill. The Central government said that the provisions to intercept phones already existed under the Indian Telegraph Act and the Information Technology Act.
Subsequently, the Bill was withdrawn and a revised Bill sans specific provisions pertaining to phone interception was tabled and passed by the state assembly on November 6, 2020. The Bill, however, has been returned again by the Central government without presidential assent.
“The Haryana Control of Organised Crime Bill, 2020, was sent to the Union ministry of home affairs for the assent of the President. On seeking comments from the Union ministry of law and justice and the Union ministry of finance, department of revenue, certain discrepancies were found by the law ministry. Also, certain provisions of the Haryana Control of Organised Crime Bill, 2020, were found in conflict with the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 (Act 61 of 1985), by the Ministry of finance, department of revenue. Accordingly, the MHA has conveyed it to the governor to consider withdrawing the above Bill from this ministry and submit a fresh Bill after duly incorporating the suggestions of the legislative department, ministry of law and justice,’’ said the official resolution tabled in the House on Monday to withdraw the Bill again.
Quoting the Maharashtra law, Haryana police officials had argued that since the existing laws were found to be inadequate to curb the menace of organised crime in Haryana, it was decided to enact a special law with stringent and deterrent provisions to control the menace of the organised crime in the state.
