Islamic Terrorism in India

Most Muslims are not terrorists, but most terrorists are Muslims

IM Muslim terrorists spared of MCOCA but Hindu Abhinav Bharat held under MCOCA

Posted by jagoindia on November 22, 2008

UAPA for IM, MCOCA for Abhinav Bharat

22 Nov 2008, 0348 hrs IST, ET Bureau

NEW DELHI: The contrast between the treatment of terror accused in Delhi and Malegaon blasts could not have been starker. Abhinav Bharat activists, accused in the Malegaon blasts, have been charged under MCOCA, but the Indian Mujahideen cadre linked to the blasts in Delhi, Ahmedabad and Jaipur have been spared MCOCA, which can be applied in Delhi, given its special status to use laws prevalent in other states.

MCOCA has been sparingly used by the Delhi Police. Even in 6-7 cases where it has been invoked were related to organised crime and not terror. IM activists, picked up by the Delhi Police for the September 13 blasts after the Batla House encounter, have been charged under IPC, Explosives Substances Act and Unlawful Activities (Prevention) Act.

The UAPA is watered-down version of MCOCA, as it allows detention without bail only up to 3 months, unlike MCOCA, where an accused cannot apply for bail before 6 months.

This differential treatment of terror accused by the Delhi Police special cell and Maharashtra ATS comes despite a fairly strong case against the arrested members of Simi-IM module who were involved not only in the plotting and executing the Delhi explosions on September 13 but also the blasts in Jaipur on May 13 and Ahmedabad on July 26 and planting bombs at Surat.

While the case against Simi-IM module behind the Delhi blasts does not stand on confessions alone and is backed by circumstantial evidence, the case against Lt Col Srikant Prasad Purohit and Sadhvi Pragya Singh is built on confessions made by the accused to the police.

The Centre, which handles law and order in Delhi, had recently advised President Pratibha Patil to return Gujcoc bill to the Gujarat assembly, after nearly four years of examination, on the grounds that it could not approve a law as draconian as the repealed Pota.

In its observations, MHA is also said to have described MCOCA as draconian but expressed its helplessness in blocking it saying that the Centre could not scrap an Act legislated by the state assembly. Though MCOCA was introduced by the BJP-Shiv Sena government, it’s a Congress-led state government in power at the moment in Maharashtra, which could consider repealing the law if it so desired.

ATS chief Hemant Karkare had on Thursday confirmed charging all Malegaon blast accused under MCOCA. ATS has arrested 10 people so far and has also taken custody of another accused, Sudhakar Chaturvedi, who was nabbed by the city police with a fake Army identity card in his possession.

The accused include Swami Dayanand Purohit, Sadhvi Pragya and Lt Col Prasad Purohit. Eight of the accused are currently in judicial custody but further police custody can be sought to interrogate them under MCOCA, ATS officials said.

The ATS has invoked Section 3 of MCOCA pertaining to organised crime against the accused.

The Sections applied are 3(1)(i), which provides for a death penalty if the crime had led to death of an individual, 3(2) for life imprisonment for conspirators or abettors and 3(4) which provides for a minimum sentence of five years for anyone who is a member of the organised crime syndicate.

MCOCA gives investigating agency plenty of room to continue its probe as the accused will not be able to seek bail for 6 months. It can also seek extension to the time required for filing a chargesheet.

One Response to “IM Muslim terrorists spared of MCOCA but Hindu Abhinav Bharat held under MCOCA”

  1. R. Viswanathan said

    How inept BJP can be ? Why don’t they go and tell people about misuse of MCOCCA against Hindus.

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