Don't compare KOCA with POTO: Kharge

By Our Staff Correspondent

GULBARGA, NOV. 25. The Home Minister, Mr. Mallikarjun Kharge, has said it is wrong to compare the Karnataka Organised Crimes Act (KOCA), which is waiting for Presidential assent, with the controversial Prevention of Terrorist Ordinance (POTO).

Addressing presspersons here today, Mr. Kharge said KOCA had several safety clauses against its misuse. There were provisions for punishing police officials who misused it while there was the possibility of POTO being misused to muzzle the press.

He said enough care was taken while framing KOCA to ensure that it was not misused by junior police officials. All arrests would have to be made by an officer of the rank of Deputy Superintendent of Police and above. All detentions made under the Act would have to get the final authorisation from the competent authority - the Home Secretary.

Mr. Kharge said if the arrested person had any grievance against the action taken against him, KOCA provided an opportunity to him to file a review petition before a three- member official committee consisting of the Chief Secretary, the Home Secretary and the Law Secretary.

He said KOCA had also not kept out the judiciary from reviewing the arrests and there was a provision for the arrested person to approach the High Court challenging the decision of the three- member official committee if the detention was upheld.

The minister said there was little room for misuse of the Act and this had been proved in Maharashtra which had a similar Act. So far, more than 50 cases had been booked under the Maharashtra Organised Crimes Act (MOCA) and the courts had convicted nine persons. There was not a single complaint of misuse of MOCA in that State, he added.

Asked why the State Government was dilly-dallying on constituting the State Human Rights Commission (SHRC), which would act as a watchdog against misuse of legislations such as KOCA and POTO, Mr. Kharge said the State Government had not rejected the idea of constituting the SHRC. It was under the active consideration of the State Government. ``We are looking into the merits and demerits of an SHRC. Protecting the human rights of an individual was important and at the same time the morale of the police force should also be taken into account before taking a final decision,'' he said.

Expressing serious concern over the inordinate delay in according Presidential assent to KOCA, Mr. Kharge said it was strange that similar Acts enacted by Maharashtra and Andhra Pradesh Governments had received quick clearance.

He said the haste of the Union Government to bring in POTO without consulting State governments was not proper. It gave room for suspicion that POTO had been brought in to achieve political mileage. ``Containing terrorist activities appears to be not the main intention of POTO.''

He said that unlike the Union Government, the State Government did not promulgate an Ordinance and KOCA had been passed by both Houses of the legislature.

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Section  : Southern States
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