KCOCA Act – Karnataka’s POTA?

March 26, 2009

Recently, Karnataka Chief Minister B S Yediyurappa called on the State Police to invoke the Karnataka Control of Organized Crimes Act, 2005. A laudable move indeed, if it facilitates peace in the region. The concern is that big ‘if’.

Although KCOCA came into effect from January 2002, no cases have been booked under this act as  the rules necessary to make the law effective have not been framed. The State Home Ministry has already come out with a statement that they will be working on the little additions and subtractions in the Act and try to implement it within couple of months. 

The Act, as its title would suggest, is meant for the control of ‘organized crimes’. The tenure of our Chief Minister so far, has witnessed a number of them. Some went on to hit the headlines of news channels at National and international levels. That the pub attack episode in Mangalore was an organized crime was for everyone to see.

The attack on Churches across the state a few months ago, one has to say, was also organized. Incidents of the so called moral police taking young boys and girls to task every now and then in various parts of the state, is also part of the organized scheme of things. It would be interesting to know how our CM looks at these incidents under the light of the Act and what steps he takes regarding them.

Reading between the lines the intention of the State cabinet to implement the Act, one gets the impression that it is more inclined towards curbing terrorism in the state. It is in fact quite evident, if  the posts on the Home Minister's blog are to be believed. Whether the above mentioned incidents come under the umbrella of terrorism as far as the state government is concerned, is another question. The Opposition at the centre, which happens to be the ruling one here, has always pressed on the need to re-implement POTA. The POTA was used to torture hundreds of innocent citizens based on baseless suspicions of them being linked with terrorism.

Most of us talk about terrorism in terms of 'Islamic Terrorism' and more recently 'Hindu Terrorism', but why do we rule out the possibility of a 'Political Terrorism'? There is every chance that bomb blasts could be carried out by the activists of a particular party in order to show its rival party in negative light - that the ruling party has not been able to contain the terror attacks. Why don't we think of the possible terrorists clad in neta attire?
 
One of the many features of the KCOCA is that the investigation officer can go about arresting the suspects without a warrant. We certainly do not approve of terrorism and would love to see the culprits behind the bars.  But the last thing people expect is to be tortured by the authorities for no fault of theirs. One can imagine what is in store if the Act is invoked and in what way it would be used by the authorities concerned.   

One only hopes that the KCOCA, if invoked, helps in dealing with ‘organized crimes’ rather than turning out to be Karnataka’s version of the POTA.    

Abrar Khan - Archives:

by Abrar Khan
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Comment on this article

  • Maria Prema, Mangalore

    Thu, Mar 26 2009

    Well said Abrar Khan we need more eye openers like you in Karnataka.

  • Vincy, Mulky/Dubai

    Thu, Mar 26 2009

    With POTA, the police have sweeping power to do whatever they wish to do. I would have highly recommonded it, if our police force matched the integreity of our ARMY. However, our police in general is No 1 corrupt force, with its political bosses ensuring it is run at their fancy.

    Having realized even without KCOCA or POTA in place, the way Acharya's police are doing its work in Karnataka, this ACT should be opposed tooth and nail. What happened to the Goonda Act? Is it slapped on any of the criminals caught for Pub Attack, attack on Ashwini, Church Attack,attack MLA daughter's? No.

    Though prima facie evidence is there still the Police are reluctant to use those ACTS, since the criminals belong to its bosses (acharya's) political cadre. These kind of ACTS are tool to help incompetent police to frame charges and punish innocent people. FIRST, let the Police Reforms take place, let it become independent of political INTERFERANCE, then one can have these acts to help them to do justice to their job.


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