Uttar Pradesh Chief Minister and Bahujan Samajwadi Party supremo Mayawati criticising the Congress-led Central Government for its ‘dual character’ has snapped the Uttar Pradesh Control of Organised Crime Act, 2007. The Bill had been sent to the President seeking its approval after it was passed by the State Assembly on February 13, 2008.
The decision came in the light of Union Home Minister for State Shri Prakash Jaiswal's statement, who on September 1st ruled out any possibility of giving assent to the UP Control of Organised Crime Bill (UPCOCB).
The Chief Minister said this shows the Congress' double standard, which on the one hand call the states to fight together against terrorism but on the other hand, ties our hand. In fact, the Congress is not serious to curb terrorism; otherwise it would not have disapproved the Bill.
When the Congress has no objection to MCOCA, on what basis it can oppose UPCOCA, she asked.
Speaking to reporters in Lucknow, Ms Mayawati said, the Congress had politicised the issue considering the UP law against terror had been framed on the lines of MCOCA. Perhaps it does not know that the law was in accordance to the Centre's letter, June 6, 2001 written to the state governments where it appealed to the state governments that a law on the pattern of MCOCA should be framed by the states.
The same law which is nurturing and terming “perfectly valid” in Maharashtra, how can it be draconian in Uttar Pradesh, the BSP supremo asked.
“This is nothing but shows Congress' party's dual character.” The ground over which it did not approve the UP law, it should go by the same logic in Maharashtra and scrap MCOCA.
Mayawati however said Uttar Pradesh does not depend on the Centre for protection of its people and state. “We have been able to curb crimes without the special act, she said.”
Mayawati’s attack on the Congress came at a time when just a day ago BJP-ruled Gujarat chief minister Narendra Modi along with BJP's prime ministerial candidate and former party chief L.K. Advani came down heavily on Congress for not passing a strong law to quash terrorism.
The Gujarat Control of Organised Crime act, recently passed by the State Legislature for the second time, is also waiting for the President’s nod.
It is also significant here the demand for 'Special Laws in dealing with Organised Crimes and Terrorism is at par with the Supreme Court's recent ruling in which it allowed phone tapping under MCOCA (Special Laws against Terrorism) would be considered as an evidence in court.
The Supreme Court has observed that the matters like communication system and insurgency though figure in the Union List, but the state is legally empowered to make special laws to combat special organised crimes such as extortion, money-laundering, terrorism and insurgency. “State Government is capable of making special laws like MCOCA to counter terrorism and organised crime.”
After holding constitutional power at the Centre, the Congress had repealed the controversial Prevention of Terrorism Act (POTA). Since then few states, particularly BJP-ruled Gujarat and Madhya Pradesh have been demanding the approval of Special Laws in dealing with the organised crimes and terrorism.
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