The Hindu : HC strikes down MCOCA interception provisions

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Thursday, Mar 06, 2003

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HC strikes down MCOCA interception provisions

MUMBAI MARCH 5. Upholding the constitutional validity of the Maharashtra Control of Organised Crime Act (MCOCA), the Bombay High Court today, however, struck down certain provisions of this stringent legislation dealing with interception of telephonic or electronic communication.

Disposing of petitions filed by film financier, Bharat Shah and two others, Justice V.B. Palshikar and Justice S.A. Bobade observed that provisions for intercepting oral or electronic communication under MCOCA were beyond the competence of State legislature.

The MCOCA provisions struck down by the court are Sections 13 (appointment of competent authority), Section 14 (authorisation of interception of wire, electronic or oral communication), Section 15 (constitution of review committee for review of authorisation orders) and Section 16 (prohibition of interception and disclosure of wire, electronic or oral communication).

The court also partially struck down Section 21 (5) of MCOCA to the extent that an accused shall not be granted bail for alleged offences under this Act if he had been granted bail under any other act.

Prosecutor Rohini Salian said the court verdict would not have any bearing on the Bollywood-underworld nexus case as interception of telephonic talks between Bharat Shah, producer Nasim Rizvi and Pakistan-based gangster Chhota Shakeel was carried out under the Indian Telegraph Act and not under MCOCA.

Shah's lawyer, Vibhav Krishna, said though interception of telephone talks was done under the Indian Telegraph Act, the material collected was presented before the review committee set up under MCOCA which was "illegal". — PTI

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