Ahmedabad: The Government of Gujarat on Tuesday is very dependent on the constitutional validity of Maharashtra’s control over organized crime when the Gujarat High Court questiones how a person can be accused of committing other people’s crimes under the control of Gujarat for terrorism and organized crime just because they are part of a syndicate of crime Organized.
Because HC listened to the challenge for the constitutional validity of Gujcoc, the chairman of Judge Vikram Nath and Justice Biren Vaishnav questioned whether X was a member of a crime syndicate and there was no FIR submitted to Him, but Y faced charges.
Is that enough to fill X undergujctoc.
“Just because he is a member of Syndicate, will he be charged in this action? Will Chargesheets be related to syndicates or accused individually?” The judges asked.
In return, Advocate General Kamal Trivedi cited the command of Bombay HC and handed over that members of such crimes syndicate can be prosecuted under the definition of continuing activities that violate the law below McOCA.
He then proposed that the provision was present in the prevention of terrorism laws, terrorist and disruptive activities (prevention) Act and McOCA, which have been operating in Maharashtra.
The judges submitted a query about how a chargesheet can be submitted against syndicates, and what if someone commits a crime individually when there is no syndicate at that time.
AG responds that the person can be issued, if he can be connected with syndicates in the past.
It must be established he is a member of the syndicate.
The judges expressed concern at the strength of the bridge given to the police under the law that only on charges, a person can be held without guarantees and his rights to freedom in Article 21 of the Constitution applies to throw.
The state replied that it was up to the defendant to determine that he was not part of the syndicate.
The court shows that the implementation of this law depends on police officers assuming great responsibility and he must act honestly and sincerely.
“If not, this is a blanket power in the hands of police officers to tie anyone in Gujcoc,” the judges said.
The judges also questioned whether GujcoC had a definition of who was said to be a syndicate member.
Just because someone knows Syndicate members, he becomes a member of the syndicate or after sharing the results of the crime.
For this, AG replies that there must be an open action on the person’s part.
He must be on loop in the commission of violating other members in the last ten years.