MCOCA Misuse

[someone]

Why the application of MCOCA against Sreesanth reeks of misuse The Delhi police invoking MCOCA (Maharashtra Control of Organised Crime Act) at the 11th hour against test cricketer Sreesanth and two IPL players for alleged spot-fixing is a telling example of how draconian laws are used in democratic India. Till Tuesday, the cricketers were innocent until proven guilty, but now they are guilty until proven innocent. It’s solely their responsibility to prove that they have nothing to do with the organised crime syndicate of the D-company. The situation is telling of the beauty of this fabulous legislation and the ease with which it can be misused. If nothing works, use MCOCA. In Pune, it was used even against chain-snatchers. The evidence that are unacceptable as proof of guilt under ordinary law, such as confessions before a police officer or even telephone intercepts, can now possibly ensure the accused are convicted. And in the worst case scenario, after keeping them in jail for a few years while the case is under investigation and then goes to trial, if the police is proven utterly wrong, the cricketers cannot take any legal action or seek damages – Section 26 of MCOCA provides the police complete immunity. The timing of the Delhi police in invoking provisions of MCOCA against the cricketers is extremely suspicious, that too after maintaining all this while that it had a very strong case. The commissioner and investigators initially appeared certain that they could get the cricketers convicted under IPC and then suddenly came up with MCOCA, disregarding the fact that the accused should have a history of continuing unlawful activity to be booked under the Act. But why? This is where the draconian aspects of the Act helps the Delhi police take short cuts. The scary provisions of the Act make its job very easy: assumed guilt, denial of bail, long periods of detention even after filing the charge-sheet, longer periods of police custody and absolute impunity if it (the police) screws up. Who cares if the cricketers’ lives are damaged for ever? On the face of it, this step exposes the Delhi Police’s vulnerability in the case – perhaps it’s not sure if what it has in hand is good enough to secure a conviction. Going by its average conviction rate of 37 per cent, the odds of the cricketers going unpunished are heavily against the Delhi police. But by using the magic wand of MCOCA, the possibility of ensuring a conviction nearly doubles. Not because of the merits of the case or the investigation, but because of the provisions of the Act. As legal experts say, MCOCA is as draconian as POTA, which was repealed by the UPA in 2004. Political scientist Prof. Ujjwal Kumar Singh notes in ‘Human Rights and Peace: Ideas, Laws, Institutions and Movements,’ “MCOCA sets up a parallel system that sets aide ordinary legal procedures to transpose an anachronistic medieval system of justice based on assumption of guilt.” MCOCA is also an example of states usurping the centre’s legislative powers and setting different standards of justice in different parts of the country. For instance, had the case been investigated in Kerala, the police would have proceeded under normal law. In terms of its human rights abuse, MCOCA is similar to the now-defunct POTA. The presumption of guilt until one proves oneself to be innocent, admissibility of confessions to the police which could be extracted through torture, and provision for non-disclosure of the names of witnesses to the accused are certainly bad news for Sreesanth and company. Whatever the police has extracted from them as “confessions” can now be used against them. In criminal investigations, the accused often “confesses” to police to avoid torture and then retracts it later in court. It’s such a travesty of justice that while TADA expired and POTA was repealed on grounds of rights violations and miscarriage of justice, their provisions are still used in some states through instruments such as MCOCA. Congress president Sonia Gandhi’s argument against POTA, at the time of its repeal, holds good for MCOCA too. “It would go against the basic safeguards that the fathers of the constitution propounded and nurtured to protect the liberties of the citizens. Such a system will sacrifice individual freedom and weaken democratic institutions,” she had said. Leading lawyers of the country have flayed the move by the Delhi police. “Where is the evidence to show that Sreesanth and other cricketers had the knowledge of involvement of Dawood Ibrahim? If Sreesanth did not know about involvement of the underworld or the crime syndicate, how can one say he is liable under the MCOCA?” asked senior Supreme Court lawyer KTS Tulsi in the Times of India. In Deccan Chronicle, noted criminal lawyer Sushil Kumar described the move as a “complete abuse” of the process of law. “The police were listening to telephonic tapes of players, bookies and others illegally for months together. Why did they not invoke the MCOCA from the beginning if they had all the material relating to the involvement of underworld dons?” he asked. It looks like the police wants this to be a trophy case after its gang-rape debacle and bad press. If it is not water-tight under regular law, what better way than taking recourse to a special law that makes its job easy while remaining totally unaccountable. Unarguably, laws such as MCOCA are among the worst forms of rights-violation ordinary citizens can face in the country. Even Chhagan Bhujbal, who was the home ministry in Maharashtra when the Act was passed, had conceded that the it had problems and hence needed amendments. In an interview with Tehelka, he had said: “Once MCOCA is used against a person, he is behind bars for a year. He does not get bail; there is no provision for it. And after that, if the court decides there is no case against the person and discharges him, still a year is gone. His family life is totally ruined.” Isn’t it scary to live in India? http://www.firstpost.com/sports/ipl/why-the-use-of-mcoca-against-sreesanth-and-co-reeks-of-misuse-848003.html

I really think this deserves in own thread. And honestly, reading this article, I myself am very scared. The implications are huge such as now being guilty till proven innocent instead of the other way around. Sreesaath is just one example, this kind of misuse can easily happen to anyone of us as well.

[yoda]

Glad it is finally being called out. While these spot fixing and betting allegations must be dealt with accordingly to the fullest extent permissible under the law, misuse of the law like MCOCA by DD police or adding charges with no evidence to support them in case of MI police shows that there may be political motives behind the operation of the cops.

[someone]

Well, the comment in the article was also very interesting. Imagine if it 3 Muslims players, the reaction could have been some different and a lot of conspiracies. I also remember our captain,Azharuddin also played the religion card when he was in that fixing case.

[DomainK]

I always had my doubts about how strong the evidence is against the players, especially Sreesanth. Invoking MCOCA is no doubt a foul move and the cops are making a mockery of the provisions that were made to deal with the worst of the worst.

[Rob9]

:two_thumbs_up:

I always had my doubts about how strong the evidence is against the players' date=' especially Sreesanth. Invoking MCOCA is no doubt a foul move and the cops are making a mockery of the provisions that were made to deal with the worst of the worst.[/quote']

[someone]

I always had my doubts about how strong the evidence is against the players' date=' especially Sreesanth. Invoking MCOCA is no doubt a foul move and the cops are making a mockery of the provisions that were made to deal with the worst of the worst.[/quote'] Exactly. The DD police certainly do not deserve any kind of praise. Like said in the article, they are simply using this case as their trophy. Very pathetic.

[FischerTal]

Delhi police. from being portrayed like tom cruise's character in "a few good men" to being reduced to having intelligence of dubya's cabinet in the movie "W" :hatsoff:

[bulbul]

And when asked about the criticism about application of stringent Maharashtra Control of Organised Crime Act (MCOCA) in the case, Kumar feels that it was a decision taken rightly after consulting legal experts. "What is the fuss all about? I am not here for any media trial. My case will be judged by the courts where we will present our entire evidence. "Here, bookies are negotiating rates with underworld people sitting in Dubai and Pakistan... Is this not an organised crime?" he asked

To a question whether some more cricketers are on the radar of the Delhi Police in connection with the spot-fixing in the IPL, Kumar said, "there are some names and we are waiting for more evidence before we nab them." He, however, refused to indicate whether the players under scanner were fancied ones or unknown ones. "If anyone is on the wrong side of the law, he has to face the music," the Delhi Police chief said.

Kumar is due to retire on July 31 after serving in various capacities in Delhi Police and CBI for 37 years

http://timesofindia.indiatimes.com/sports/cricket/fixing-hits-ipl-6/news/Time-to-weed-out-bad-players-from-cricket-Delhi-Police-chief/articleshow/20506495.cms

[The Outsider]

Even a kid knows that bookies in India are associated with terrorists and underworld. If you are helping them make money, suffer the consequences.

[cowboysfan]

Glad it is finally being called out. While these spot fixing and betting allegations must be dealt with accordingly to the fullest extent permissible under the law' date=' misuse of the law like MCOCA by DD police or adding charges with no evidence to support them in case of MI police shows that there may be political motives behind the operation of the cops.[/quote'] I posted about this a long time ago when it first came out,the delhi police seem to using smoke and mirrors from the begininng.

[someone]

Even a kid knows that bookies in India are associated with terrorists and underworld. If you are helping them make money' date=' suffer the consequences.[/quote'] :haha: There will be consequences if they are guilty. But now, they are already guilty till proven innocent. And a feeling does doesn't count as evidence in the court. It's not the way this case should have been handled. And as stated, there are huge implications for everyone. Suppose one is betting, he/she could very well be put under MCOCA at first time.

[bulbul]

:haha: There will be consequences if they are guilty. But now, they are already guilty till proven innocent. And a feeling does doesn't count as evidence in the court. It's not the way this case should have been handled. And as stated, there are huge implications for everyone. Suppose one is betting, he/she could very well be put under MCOCA at first time.

Its not only about betting, its connection with D gang/Dubai/Pakistan.

[someone]

Its not only about betting' date=' its connection with D gang/Dubai/Pakistan.[/quote'] Well, they haven't established it directly with those cricketers. Indirect connection it is and that can be applied to everyone.

[prasadiyer]

I am still not understanding how an act passed by Maharashtra legislature can be applied throughout India.

[Crookbond]

I am still not understanding how an act passed by Maharashtra legislature can be applied throughout India.

Sreesanth, Chandila and Chavan were detained in Mumbai, Maharashtra.

[CG]

Sreesanth' date=' Chandila and Chavan were detained in Mumbai, Maharashtra.[/quote'] It has nothing to do with that.Delhi police also can apply mcoca it has the powers.It has been used against chian snatchers :hysterical: in past.

[Crookbond]

It has nothing to do with that.Delhi police also can apply mcoca it has the powers.It has been used against chian snatchers :hysterical: in past.

Is MCOCA an act by the state or the centre? How does this work if it is passed by the state?

[CG]

Is MCOCA an act by the state or the centre? How does this work if it is passed by the state?

It was extended to delhi in 2002.

Other States News: Front Page | National | Southern States | Other States | International | Opinion | Business | Sport | Miscellaneous | Advts: Classifieds | Employment | Obituary | Other States - New Delhi `Some bad news for criminals' By Devesh K. Pandey NEW DELHI, JAN. 7. ``I have some bad news for criminals,'' thundered Delhi's Police Commissioner, Ajai Raj Sharma, today while announcing ``clearance'' of the controversial Maharashtra Control of Organised Crime Act (MCOCA) for extension to Delhi by the Union Home Ministry. Said to be a revised version of the dreaded TADA, the much talked about MCOCA was formulated in 1994 to tackle organised crime which abetted narco-terrorism and raised huge amounts of illegal money. Despite getting caught, many criminals involved in contract killings, extortion of protection money, hawala, and smuggling of narcotic drugs were able to get away lightly due to loopholes in the ordinary law. The law did not even recognise interceptions of their conversations establishing their guilt. MCOCA covers all those who commit organised crime causing death, facilitating the commission of such offence, harbouring the accused, and being party to organised crime. The law has in its armoury several stringent measures bestowed upon the police force to deal with such criminals. Under MCOCA, anyone found guilty of being party to organised crime can be sentenced to capital punishment, life imprisonment, and huge fines. Those found guilty of harbouring criminals and holding property from organised crime can also be sentenced to life imprisonment and their property seized. All provisions have a common clause of a maximum punishment of life imprisonment. The law treats telephone conversations' transcripts as evidence admissible in courts and has enough rooms to prevent uncalled for tapping of private conversations. Asserting that Delhi was not heading towards becoming a police State, Mr. Sharma said the Act gives power to the Deputy Commissioners of Police to record confessions of criminals admissible in courts of law. ``We can also provide adequate security to witnesses and keep their identities secret,'' Mr. Sharma added. To ward off any possibility of criminals evading arrest, MCOCA has eliminated the provision of anticipatory bail. The court is empowered to grant bail to the accused if it finds no reasons to establish his or her complicity. The Act came into force in Maharashtra in 1999. Mr. Sharma said the Act would be a shot in the arm for the Delhi police as several attempts had been made recently by criminals to set up base here for organised crime. "But all attempts were thwarted by agile police personnel," he added.

http://www.hindu.com/thehindu/2002/01/08/stories/2002010803220300.htm

[someone]

But what exactly is MOCOA? What's the scope of it. Is it only applicable for crimes based in those 2 states? And how do you make that decision? Does the crime have to originate from there, or if the criminals born from there, or is the criminals were caught by those state police? And there are tons of other options.

[The Outsider]

:haha: There will be consequences if they are guilty. But now, they are already guilty till proven innocent. And a feeling does doesn't count as evidence in the court. It's not the way this case should have been handled. And as stated, there are huge implications for everyone. Suppose one is betting, he/she could very well be put under MCOCA at first time.

What feeling? It's well known bookies in India are connected to the underworld and terrorists. This is not a feeling but a well accepted fact. And if you are going to help them make money, be prepared to be treated the same way as funding of terrorists should be dealt with. "Everyone"? I don't and have never bet in India and have no connection with any bookies. If you do it, be prepared for the consequences. Don't start crying about how terrorists get their funding and money the next time there is a bomb blast in some city in India.