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Supreme Court Gives Mumbai Police Power To Tap Phones Under MCOCA ActBy Sindhiya, Section Maharashtra News
Sending out a strong message that a stringent anti-terror law is the need of the hour, the Supreme Court on Monday restored the power in the hands of the Mumbai Police to tap telephonic conversations and produce it as evidence to neutralise crime syndicates under the controversial Maharashtra Control of Organised Crime Act (MCOCA).
This decision came on an appeal by the Maharashtra Government challenging a Bombay High Court decision of December 2003 that stripped the Mumbai Police of its power to prosecute a person under the Act on the evidence of his tapped conversation. According to the HC, the power to tap conversations is available with the authority under the Central Government. Any law empowering the State Government with similar powers cannot sustain, it said. Based on this view, the HC struck down vital provisions of the Act contained in Sections 13-16 as unconstitutional leaving the remaining portion of the Act intact. The struck down provisions authorised interception of communication (both oral and electronic) of the accused and to use the same as evidence. Restoring the validity of the above sections, the Bench of Chief Justice KG Balakrishnan, Justices RV Raveendran and MK Sharma held merit in the argument that in the larger public interest, one cannot be led to strike down provisions of a law on the grounds of overlapping jurisdiction. Such a power entrusted to a State should be considered essential in the given circumstances, it added. Click On "Full Story" For More...
In its appeal before the apex court, the State Government told the court that since the introduction of MCOCA, the rate of extortion had considerably reduced in the period 1999-2002. But following the HC order, there was a sudden spurt in organised crimes and a spate of acquittals from trial courts.
The present case involved noted film financer and diamond merchant Bharat Shah against whom the Mumbai Police slapped charges under MCOCA for alleged links with underworld don Chota Shakeel. His hand was claimed to be behind the spate of extortion calls to top Bollywood actors, made at the behest of Chota Shakeel. It was on Shah's petition the High Court struck down tapped conversation as evidence paving the way for his acquittal. The State also argued that the impact of the HC decision would have a serious bearing on the 7/11 serial bomb blasts in Mumbai, where several of the accused have been booked under various provisions of MCOCA. Several among these accused have already filed appeals challenging the State's power to enact MCOCA. Source: Pioneer News Service 02/Sep/2008
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