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Ominous law

The Punjab police are once again pushing for the enactment of the stringent Punjab Control of Organised Crime Act (PCOCA).

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The Punjab police are once again pushing for the enactment of the stringent Punjab Control of Organised Crime Act (PCOCA). Fearing vendetta, it was rejected by the SAD regime earlier and opposed by legislators during the current dispensation, too. The proposed legislation is ominous as its disturbing provision of detention in jail of suspects for a year without bail recalls draconian measures of TADA (Terrorist and Disruptive Activities Prevention Act). The removal of a check in the system is a potential source of injustice waiting to happen. How the sweeping powers conferred by TADA on law-enforcement authorities could be misused and abused is still fresh in the people’s memory. With little efforts made to separate the wheat from the chaff, many an innocent youth was denied a chance to defend himself as he was detained and made to submit to custodial torture. All of which was justified over the exceptional times that Punjab was witnessing, but it left lasting festering wounds in society. 

This time, the Punjab Government is confronted with gangsters, not terrorists. Surely, the CrPC equips the police to deal with the organised criminals. The government must not let any subversion of the benefit of the doubt principle. It must find ways within the existing rules to tackle the criminals. 

Pulled up by a recent Punjab and Haryana High Court order asking the state to contain the cult of gangsters within six months, the government has only to look into its own impressive record: a crackdown on the gangsters — who had, incidentally, gained notoriety and even a following on social media — has resulted in whittling down the gangsters' number to 100 from the 500 listed in 2016. The police need to focus on bettering their resources and investigative skills. A look into plugging the reasons that led to the rise of the gun culture in the state also gives a pointer to the solution. Rather than walking up the path of a severe law, the government would do well to address the twin crisis of joblessness and the agrarian distress. The youth will give up the gun.

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