
HC Issues Notice to State Govt on Petition Against Gujarat Control of Terrorism and Organised Crime Act
News 18The Gujarat High Court on Tuesday issued notice to the state government on a petition challenging the Gujarat Control of Terrorism and Organised Crime Act which was passed in March, 2015 and got assent of the president in November last year. Through his lawyer Virat Popat, the petitioner has challenged the constitutional validity of the GCTOC Act and said some provisions of sections 2, 16, 20, 20 and 20 violate Articles 20 and 21 of the Constitution, and “are drastic, arbitrary, unreasonable, susceptible to misuse and therefore, should be quashed and set aside”. “Article 20 clearly puts limitation upon the lawmaking power of any legislative authority as regards retrospective criminal legislation…A person accused of an offence has the fundamental right not to be prosecuted for greater penalty than what existed at the time when the offence is committed,” it said. Further, the provision preventing the accused from getting anticipatory bail has been challenged, as “anticipatory bail is also a statutory and fundamental right protected under Article 21”.
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