Centre tells HC it can’t give consent to Modi’s anti-terror bill

The Centre has told the Gujarat High Court that it was unable to give consent to the Modi Govt's anti-terror legislation.

The Centre on Wednesday told the Gujarat High Court that it was unable to give consent to the Modi government’s anti-terror legislation as it was on the lines of POTA which has been repealed.

The court had asked the Union Home Ministry to give its reply on a petition filed by an NGO, Justice on Trial, on the delay in the clearance of Gujarat Control of Organised Crime bill (GUJCOC) which was pending before the President for the last four years.

In an affidavit submitted to the court, the Ministry said that the executive at the national level cannot recommend the passage of the bill by the state legislature if a law of the same nature has been repealed by the union legislature.

Story continues below this ad

The affidavit also said that it has been concluded during the detailed examination that it would not be in consonance with the policy of the central government, which led to repeal of POTA, to recommend the passage of any such legislation which contains similar provisions.

The affidavit further said the proposal of the state government has been submitted for consideration of the cabinet and it is expected that the decision on it will be taken in near future.

Chief Justice K S Radhakrishnan and Justice M S Shah after listening to submission by the lawyer of central government Harin Rawal regarding the affidavit fixed the next hearing after one month.

In its petition on GUJCOC, aimed against organised crime and terrorism, the NGO had questioned how a legislation passed by elected representatives of a state of can be blocked “on the basis of political ideology of a party”.

Story continues below this ad

It said that states like Maharashtra, Karnataka, Andhra Pradesh and Delhi have such laws, but the UPA government was not allowing such a law for Gujarat.