MUMBAI, FEB 27: The unconditional approval of the Control of Organised Crime Ordinance (OCCO) by the Centre is a major achievement for the Sena-BJP Government, especially since it had initially withheld clearance on the ground that its stringent provisions were likely to be exploited by vested interests in the same way as the ones in its infamous predecessor TADA.This ordinance promises to be more effective in tackling crime as compared to the lapsed TADA, as it is more comprehensive and gives unprecedented powers to law enforcing agencies. Also, officials of the Home Dept have painstakingly worked to clean it of loopholes of the kind that beset TADA.Under OCCO, organised crime has been defined as `any continuing unlawful activity by an individual, singly or jointly either as a member of a syndicate or on behalf of such a syndicate by use of violence or threat of violence, intimidation or coercion or other unlawful means, with the objective of undue economic or other advantage for himself or any other personor promoting insurgency'.The Union Home Ministry had stonewalled OCCA raising objections on crucial aspects of period of imprisonment, fine, attachment of properties of the gangsters and special rules of evidence.
The Centre had also objected to slotting messages on the intercept wire, electronic and oral communication as evidence. When the alliance argued for the want of these provisions in view of `hi-tech gangland operations', especially the widespread use of the cellular phone network, the Centre conceded. The approval to the ordinance finally came almost three months after it was submitted.
But, the new ordinance has it that an officer not below the rank of Deputy Commissioner of Police, supervising the investigation of an organised crime, is empowered to deem an intercepted message, electronic or oral as evidence.The process of interception, however, is subject to the permission of an authority not below the rank of Secretary (Home). In emergency, an officer not below the rank of AdditionalDirector General of Police, is empowered to grant permission. Intentional rigging of a communication will be punishable with prison for a term extendable up to one year and a fine of up to Rs 50,000.
Another highlight of the ordinance is that the confession of a person or co-accused, abettor or conspirator, admissible in a trial shall be made to an officer not below the rank of DCP and recorded in writing or on mechanical device. It will be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him and the person will be told that the confession could be used against him. The person will be present before the magistrate when the original statement of confession is presented.
Where a person has been convicted under OCCO, the special court, may, in addition to awarding a punishment, declare that any property, movable or immovable, or both, belonging to the accused, is forfeited by him to the State. Similar provision has also been made for absconders.
Theordinance states that if an act under organised crime has resulted in the death of a person, the convict is punishable with death or imprisonment for life and can also be slapped by a fine not less than Rs 1 lakh; and in any other case, he is punishable with term not less than five years but which may extend to imprisonment for life.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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