HC Issues Notice to State Govt on Petition Against Gujarat Control of Terrorism and Organised Crime Act
4 years, 6 months ago

HC Issues Notice to State Govt on Petition Against Gujarat Control of Terrorism and Organised Crime Act

News 18  

The 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”.

History of this topic

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 8 months ago
'Delay In Trial Offends Article 21 Everyday': Orissa HC Expedites Trials Of Alleged ‘Tribal Extremists’ Detained Since 8 Yrs
2 years, 1 month ago
Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago
Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife
3 years, 5 months ago
Man moves Gujarat HC after police 'refuse' to register case under anti-conversion law
3 years, 5 months ago
HC admits petitions against Gujarat Prohibition Act as ‘maintainable’
3 years, 6 months ago
[PASA Act] Not Wearing Mask And Entering Into Altercation With The Police Personnel Not A Sufficient Ground To Detain Petitioner As A 'Dangerous Person': Gujarat HC [Read Order]
4 years, 6 months ago
'Disproportionate Restriction On Innocent Civilians':Plea In Gujarat HC Against Perpetual Imposition of S. 144 CrPC In Ahmedabad
5 years, 2 months ago
Mere Filing Of FIR Not Sufficient To Order Detention Under Gujarat Prevention Of Anti Social Activities Act: HC [Read Judgment]
7 years, 8 months ago
Watch: Gujarat Assembly Passes Controversial Anti-Terror Bill
9 years, 11 months ago

Discover Related