Anti-terror Bill in Gujarat gets President’s nod

Gandhinagar: After trying for more than a decade and a half, Gujarat finally got the presidential approval for its controversial law aimed at fighting “terrorism and organised crime” as President Ram Nath Kovind gave his assent to Gujarat Control of Terrorism and Organised Crime Bill, passed by the state assembly in 2015.

Gujarat’s minister of state for home, Pradipsinh Jadeja, told media persons on Tuesday that the passage of the legislation in this bordering state will give sufficient power to police officials and enhance the security of the state. He said the Act will also help control cybercrime and narco-terrorism fuelled by terrorist outfits from across the border.

The Act empowers law enforcing authorities to intercept phone calls, recording of which would be admissible in court as evidence. Jadeja later told ET that the approval for interceptions of telephonic conversations will be cleared at the level of additional chief secretary.


Such interceptions can be taken up against “anti-national” elements, based on intelligence inputs, he said.

The law puts the onus of proving the innocence of the accused on the accused and has provision for maximum punishment of death penalty and fine of Rs 10 lakh.

According to the legislation, “unlawful arms and other material including documents or papers were recovered from the possession of the accused and there is a reason to believe that such unlawful arms and other material including documents or papers were used in the commission of such offence: or that by evidence of an expert the finger prints of the accused were found at the site of the offence or on anything including unlawful arms and other materials like documents or papers and vehicles used in connection with the commission of such offence, the special court shall presume, unless the contrary is proved, that the accused had committed such offence”. Jadeja said the law has provisions for forming special courts and public prosecutors, and additional public prosecutors and special public prosecutors will be appointed who will only fight such cases, for which special courts too shall be set up. Until such courts are set up, cases under this Act will be tried in the division sessions court, he said.

The bill was first framed after the Akshardham attack in 2002 and was sent for approval to the Union government in April 2003 during the tenure of APJ Abdul Kalam.