President’s assent to Gujarat anti-terrorism Bill of 2003

President Ram Nath Kovind. A file picture.

The Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill passed by the Gujarat State Assembly has received President Ram Nath Kovind’s assent. The Bill which was formulated in 2003 when Prime Minister Narendra Modi was Chief Minister of the State had been sent for presidential clearance three times. Each time it was rejected over a few controversial provisions.

The Bill found success in its fourth attempt, when President Kovind gave his assent on November 7, 2019, almost 16 years after it was first introduced. It was termed controversial for two key features: intercepted telephone conversations would be considered legitimate evidence and a confession made before a police officer would also be considered documented evidence. President Kovind has passed both provisions.

While making the announcement, Gujarat Minister of State for Home Pradeepsinh Jadeja said the new law was formulated to deal with terrorism and organised crime such as contract killing, ponzi schemes, the narcotics trade, extortion rackets, cybercrime, land-grabbing and human trafficking. “Today the dream of Prime Minister Narendra Modi has been fulfilled,” Jadeja told mediapersons.

According to the Ministry, the new law has a provision that allows up to life imprisonment for cases involving crimes listed above. Additionally, if a death occurs in these crimes, capital punishment could apply. The law provides for the constitution of a special court along with the appointment of special public prosecutors to handle organised crime cases. Furthermore, assets acquired through organised crime can be auctioned and the transfer of assets can be cancelled.

The new law states that any act intended to disrupt law and order, public order or endanger the unity, integrity and security of the State or to spread terror in the minds of sections of people will fall into the category of terrorism.

A lawyer in Ahmedabad said when the Bill was introduced in 2003, it got an outright rejection from President A.P.J Abdul Kalam. In 2008 a second attempt was made at getting the presidential nod, but President Pratibha Patil sent it back over the confession provisions. In 2015, it went up before President Pranab Mukherji but was sent back as he sought clarification on some clauses. While, other States have similar laws, the provisions in the Gujarat law are widely acknowledged to be harsh, dangerous and part of a larger agenda. “We all know how our police forces extract confessions. This is a rights issue. We will now have no recourse in the law. Even charging people with terror so easily is part of targeting certain sections of the people,” said the lawyer in Ahmedabad.