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Amid some concerns by Congress, Haryana passes bill to control organised crimes
The Bill, which requires the assent of the President, has been twice returned by the Central government with objections
For a third time since 2019, the Haryana assembly on Wednesday passed the Haryana Control of Organised Crime (HCOC) Bill, 2023. The legislation drafted along the lines of the Maharashtra Control of Organised Crime Act (MCOCA) intends to check organised crime syndicates and gangs in the state. The Bill, which requires the assent of the President, has been twice returned by the Central government with objections.
The Bill, on Wednesday, did not have a smooth passage with Congress MLAs objecting to several provisions in the proposed law, demanding that it be reconsidered after ironing out deficiencies. Former CLP leader Kiran Choudhry said that there are several provisions in the Bill which are draconian. “We will support the Bill as it aims to check organised crime and gangs. But it needs a relook by a select committee of the assembly,’’ she said.
Her MLA colleague, Varun Chaudhary, said they needed time to deliberate on the Bill. “For instance, there is a provision to deny bail to the accused. Similar laws implemented in other states have resulted in poor conviction rates. So what’s the justification,’’ he said.
Congress MLA from Assandh Shamsher Singh Gogi, who put his party colleagues in a fix, said that he was opposed to the contents of the Bill. “This enactment will only lead to the creation of a police state. The legislation only symbolises dictatorship,’’ he said. Gohana MLA Jagbir Malik said that Bill has a lot of loopholes and arbitrary powers.
There was noise from the opposition benches, and many Congress MLAs entered the well of the House in protest against a remark made by the chief minister with regards to Gogi. The remark was expunged from the proceedings after a 30-minute break ordered by the speaker to deliberate on the matter. Another caustic comment made by Gogi was also expunged from the proceedings.
Defending the Bill, BJP MLA from Nangal Chaudhary Abhe Singh Yadav said that the legislation will give special powers to law enforcement agencies in special cases and circumstances and will help control organised crime.
Congress MLA from Rohtak, BB Batra, said that the legislation should ensure that no innocent person is implicated. Batra asked how will the government define the term syndicate of criminals.
Chief minister ML Khattar said that the state government is duty-bound to combat the increasing organised crime, and the legislation will not only ensure effective legal action against gangsters, their leaders and members of organised criminal gangs but will also suitably empower the police in a lawful manner to take strong and deterrent lawful action against criminals
The CM said that for tightening the noose around those involved in organised crimes, special provisions have been made for forfeiture of assets acquired from proceeds of crimes and create a provision for special courts and special prosecutors for handling the trials of offences under this legislation.
He said as per provision 25 (1) of the Bill no information about the commission of an offence of organized crime shall be recorded by a police officer without the prior approval of the police officer, not below the rank of the Deputy Inspector General of Police. Further, no investigation of an offence under the provisions of this Act shall be carried out by a police officer below the rank of the Deputy Superintendent of Police. The CM also clarified that after the recording of the statement before the above-said officers, the confession of the guilty will again be recorded before the judicial magistrate.
