Haryana Assembly passes bill on lines of MCOCA to check organised crime

The Haryana Assembly on Tuesday passed a stringent law on the lines of a Maharashtra Act to check organised crime in the state, amid absence of majority of opposition members. The Haryana Control of Organised Crime (HRCOC) Bill, 2019, moved by Parliamentary Affairs Minister Ram Bilas Sharma, was passed by the Assembly on the concluding day of its brief monsoon session.

A majority of opposition members, including Bhupinder Singh Hooda and Kiran Chowdhary were not present in the House when the Bill was passed. The Haryana Bill on the lines of Maharashtra Control of Organised Crime Act (MCOCA), saw a brief discussion with Congress member Karan Singh Dalal objecting to certain provisions of the law.

Among various concerns, Dalal made reference to a provision in the Bill, as per which whoever being a public servant renders any help or support in any manner in the commission of organised crime, shall be punishable with imprisonment for a term which may extend to three years and also with a fine. He said that those public servants found guilty of offence should also be given higher jail sentence.

As per the Bill, whoever commits an offence of organised crime and if it results in the death of any person, will be punishable with death or imprisonment for life and shall also be liable to a fine which shall not be less than Rs one lakh. "In any other case, the offender shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine not less than Rs 5 lakh," as per the Bill.

Whosoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an organised crime shall invite jail term not less than five years while any person who is a member of an organised crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to life term, it says. To deal with illegal wealth and black money generated by organised crime syndicates, the law will also have provisions dealing with forfeiture of the property acquired from proceeds of crimes.

"Whoever holds any property derived or obtained from commission of an organised crime shall be punishable with a term not less than three years which can extend to life imprisonment," as per the Bill. Every offence punishable under this Act shall be tried by the Special Court within whose local jurisdiction.

The trial of any offence under this Act by a Special Court shall have precedence over the trial of any other case against the accused in any other court (not being a special court). Giving stringent powers to intercept wires, a police officer not below the rank of Superintendent of Police supervising the investigation of an organised crime under this Act may submit an application in writing to the competent authority for an order authorising or approving the interception of wire, electronic or oral communication by the investigating officer when such interception may provide or has provided evidences of any offence involving an organised crime.

A study of crime trends in Haryana during the last decade has revealed that the state has been witnessing a shift in the patterns of crime, as per the Bill. "While earlier heinous crimes such as murder, dacoity, robbery, kidnapping and extortion were committed by individuals acting alone or in concert, the last decade has witnessed the rise of gangsterism and organised crime in Haryana.

"Instances have come to notice where organised criminal gangs operating in certain districts of Haryana have established a well organised network of criminals including shooters, informers, spotters and arms suppliers…," it says justifying the reasons for bringing a stringent law. The Assembly was informed that special legislations have already been enacted in some states.

"For example the state of Maharashtra had enacted Maharashtra Control of Organised Crime Act in 1999 which was subsequently adopted by the national capital territory of Delhi also. The states of UP, Gujarat and Karnataka have also enacted their respective Acts," the House was informed. In view of the emerging situation of organised crime in Haryana, it has become imperative to introduce a similar legislation in the state which ensures effective legal action against the gangsters, leaders and members of organised criminal gangs, the statement said.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)