SC reserves verdict on Constitutional validity of MCOCA

SC reserves verdict on Constitutional validity of MCOCA The Supreme Court has reserved its verdict on the issue of constitutional validity of the Maharashtra Control of Organised Crime Act (MCOCA). The matter had reached the apex court after the Bombay High Court verdict in 2003 upholding the legality of the Act by only quashing those provisions in the Act which empowered the police to intercept telephone conversations. A Bench headed by Chief Justice K G Balakrishnan concluded the arguments after eight days of hearing on a bunch of petitions in which the Maharashtra Government contended that the Act was necessary to counter organised crime and syndicates run by the underworld. Film financier Bharat Shah and some others who were charged under the controversial law for alleged links with the underworld have challenged its constitutional validity. The Maharashtra government has appealed against the High Court verdict which struck down provisions relating to interception of telephonic conversation. The High Court had quashed section 13 (appointment of competent authority), section 14 (authorisation of interception of wire, electronic or oral communication), section 15 (constitution of committee for review of authorisation orders) and section 16 (prohibition of interception and disclosure of wire, electronic or oral communication) of MCOCA. It had also partially struck down section 21 (5) to the extent that an accused shall not be granted bail for alleged offences under MCOCA, even if an accused was granted bail under another Act. Besides diamond merchant Bharat Shah, others who have challenged the law are Shamim Mirza Arif Beg, an alleged associate of Pakistan-based gangster Chhota Shakeel, and Sanjay Patil, accused of land grabbing and extortion. Senior advocate Dushyant Dave and advocate Manoj Goel appearing for Shah and Patil, respectively, contended that MCOCA was invalid as it was an attempt by Maharashtra government to enact a law the provisions of which are already existing in the Indian Telegraph Act, 1955. Senior advocate Shekhar Nafade, appearing for the State government said that MCOCA should be held as valid law in its entirety and the state legislature was competent to make the law. The controversy over MCOCA had hogged the limelight after Shah was charged under the Act for allegedly threatening Bollywood actors with the help of underworld don Shakeel in a bid to work in film -- Chori Chori Chupke Chupke -- which was financed by him. A designated MCOCA court in Mumbai on 1st October 2003, had sentenced Shah to one year imprisonment for concealing information from the police to facilitate extortions by the underworld.

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