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Odisha mulls Goonda Act that keeps witness identity secret, hold in camera trial
Odisha’s proposed Goonda Act seeks to give district magistrates powers to attach assets believed to be proceeds of crime, and provides for prosecution of officials who collude with criminals either by their action, or inaction.
BHUBANESWAR: Odisha’s Naveen Patnaik government is considering enactment of special legislation to introduce stringent provisions to deal with hardcore criminals and “anti-social” elements who were committing crimes and going unpunished due to loopholes in the legal system, people familiar with the matter said.
The proposed bill, tentatively titled “Odisha Goonda and Anti-social Activities (Prevention) Bill”, has been drafted on the lines of similar laws enacted by Uttar Pradesh, Gujarat and Maharashtra to restrict crime syndicates. It will be placed before the state cabinet after the legal department vets the draft bill and once cleared, will be tabled in the assembly. The proposed law comes against the backdrop of the government’s sharp criticism by opposition parties over the law and order situation.
According to the proposed bill, a person will be counted as a “goonda” under the legislation if they use violence, threat, intimidation or coercion to disturb public order or gain any undue financial or any other advantage.
A statement of objectives of the proposed bill cited deterioration in law and order in cities, particularly in the twin cities of Cuttack and Bhubaneswar, where crimes such as extortion, land grabbing, illegal money-lending, contract killings, immoral trafficking, child trafficking and sexual exploitation have increased.
“The recent incidence of builders and land mafia taking over possession of land by manufacturing forged documents, kidnapping and abduction for extortion, harassment of senior citizens by criminals, activities of stalking and eve-teasing of girls and cybercrimes against them have resulted in several suicides in the state. These serious incidences of crime also appear to have been perpetrated with aid of public servants who either support the commission of these crimes or by wilful omission, facilitate the commission of these crimes by refraining from performing their duties,” the proposed bill said, laying down the context for the special legislation.
HT has reviewed a copy of the proposed bill.
The proposed bill has proposed a minimum sentence of seven years for people convicted under the special law and seeks to give district magistrates power to attach properties of the accused if they believe that the same has been acquired through proceeds of crime even before the court takes cognisance of the charge sheet.
The government will need to give its sanction before a designated special court can try the accused.
The special law seeks to give the district magistrates the power to seize assets believed to have been bought from proceeds of crime, proposes a minimum three year prison term - 10 years will be the maximum punishment - for officials who help criminals by their action or inaction, or intentionally avoid carrying out directions of any court or superior officer.
Similarly, any person found to be in possession of assets for anti-social elements which they can’t account for will also face a minimum jail term of three years. The property will also be liable for attachment.
The trial under this special law will be held in camera and tried by special courts which will have precedence over other pending trials against the accused. The proposed law also mandates that the identity and address of witnesses will be kept secret and their names will not be reflected in case records or court verdicts.
The draft bill said the special law can be invoked for offences under a long list of laws including Indian Penal Code, Odisha Excise Act (2005), Narcotic Drugs and Psychotropic Substances Act (1985), Immoral Trafficking (Prevention) Act (1956), the Protection of Children from Sexual offences Act (2012), Protection of Cow Slaughter Act (1960) and Orissa Money Lenders Act (1939). It added that such offences are likely to cause, directly or indirectly, a feeling of insecurity, danger or fear among the general public and pose danger to the safety of individuals or cause loss or damage to the public exchequer.
The draft bill also seeks to prosecute accused for offences such as assaulting employees or owners of public or private enterprises, violence to collect loan or interest, illegal weapons, counterfeit currency, violation of cow slaughter law, child pornography, acid attack on women, cyber stalking or other offences under Indian Penal Code that are punishable with at least five years imprisonment.
It said existing laws enacted by the state as well as the central government are found to be inadequate to deal with “hardcore criminals who fearlessly commit crimes and easily escape from the clutches of law finding loopholes in the legal system.”
Odisha director general of police Abhay refused to speak on the proposed law, saying it was still being vetted by the law department.
A senior police official said the proposed law would take quite some time to be implemented since the state would require clearance from Delhi.
Legal experts said a special law to deal with organised crimes was a good step, but said the problem in dealing with such crimes mostly lies with the state police.
“Odisha police have a poor record when it comes to filing charge sheets against the accused and following up cases during trial. The existing Indian Penal Code is enough to deal with rising crime cases. In the past, the state has enacted special Acts such as Odisha Protection of Interest of Depositors Act, but have they been able to give justice to common men,” asked senior lawyer Pitambar Acharya.
BJP leader and Bargarh MP Suresh Pujari said just adding one more special law would not lead to any solution and may rather add to the burden of prosecuting agencies.
“Odisha police don’t have enough people to manage regular day-to-day law and order activities as well as probe crimes. Secondly, the investigating skills of the existing officials is not upto the mark. How would the new law solve these basic issues,” asked Pujari, who trained as a lawyer before switching to politics.
