Mafia in state takes a beating under MCOCA

Mateen Hafeez I TNN
Mumbai: The Maharashtra Control of Organised Crime Act (MCOCA) has been successful in curbing organised crime, if one goes by conviction figures. The stringent law, introduced in 1999, has achieved a conviction rate of 58% as compared to 25% under the IPC.

Of the 95 cases, where the courts have passed their verdicts, the state got convictions in 57 cases. After Maharashtra, the Act was also adopted by New Delhi and Tamil Nadu.

Prior to MCOCA, the prosecution agencies relied on Terrorism and Anti- Disruptive Activities Act (Tada) till it was repealed in 1995. Between 1995 and 1998, a total of 203 cases of shootout were reported to the police and in most, the underworld was found to be involved.

Soon after MCOCA was put in place in 1999, the number of shootouts fell to 40 from 93 in the previous year. The figures shrunk to 23 in the year 2000. Only 90 shootouts took place in the past nine years, the police say. “Criminals fear MCOCA as confession under this Act is treated as evidence. Moreover, the police secure their custody for a minimum period of 30 days as bail provisions are tough,’’ said crime branch chief Rakesh Maria.

Because of the designated courts, the trials begin within two years and are completed at the earliest. 209 members of the Dawood gang and 167 associates of gangster Chhota Rajan were booked under this law.

Former IPS officer-turnedlawyer Y P Singh said it is easy to procure permission under MCOCA for tapping suspicious phone calls and using them as evidence. “The higher conviction rate in MCOCA may not be a healthy sign. The draconian provisions not only ease the rules of evidence but are also inimical to the human rights of innocent persons who have to languish in jails for years,’’ said Singh.

Film financier Bharat Shah and director Nazim Rizvi, along with several others were arrested in 2000.This was the first high-profile MCOCA case.

CAUGHT IN CONTROVERSY
* Thirteen accused of the July 11, 2006 Mumbai train blast cases, 19 suspects of the Aurangabad arms haul case and nine SIMI suspects in the 2006 Malegaon blast case approached the Supreme Court against ATS saying MCOCA was not applicable to them.
* The ATS booked 11 persons belonging to Abhinav Bharat for their ‘alleged’ role in the 2008 Malegaon blast. The special court dropped the MCOCA charges from the case on July 31.
* The crime branch invoked MCOCA against businessman Mahendra Agarwal, saying he was part of the organised crime syndicate led by gangster Ravi Pujari and threatened a developer in a SRA project. The court dropped the charges

CRIME CHECK
Total cases since 1999 | 153
Total charge sheets | 135
Judgment delivered | 95 cases
Conviction secured | 57 cases
Acquittal | 38 cases

Arrests
Total held - 758
Dawood gang - 209
Chhota Rajan - 167
Arun Gawli - 43
Ashwin Naik - 13
Others - 327

The Times of India, August 31, 2009