Explainer: Why MCOCA, a criminal law of Maharashtra is being slapped on Delhi gangsters

In the recent times, the Delhi Police have invoked the stringent Maharashtra Control of Organised Crime Act (MCOCA) against nine members of the Kapil Sangwan alias Nandu gang, AAP leader Naresh Balyan, Sangwan’s brother Jyoti Prakash alias Baba and a member of the Himanshu Bhau gang.

The crackdown followed a rise in ransom calls and extortion attempts allegedly made by the Nandu and Bhau syndicate in parts of the city. So, why is this Act for Maharashtra being applied here?

History of MCOCA and how it came to Delhi

Maharashtra, especially Mumbai has a long history of organised crimes from the underworld to gangsters. To deal with this, the Maharashtra Government enacted the MCOCA in 1999 with the primary objective of curbing such crime.

Under this law, offences related to organised crime such as those involving underworld criminals, extortion, kidnapping for ransom, murder or attempted murder, threats, coercion, and any other illegal activities carried out to generate large-scale profits are covered.

Soon after realising the success of this law, other states also came up with similar laws to deal with organised crimes that plagued the states.

Since law and order fall under the State List as per Article 246 of the Constitution, several State Legislatures tried to enact a similar law but most of these laws failed to receive the Presidential assent.

However, in the case of Delhi, where law and order fall under the purview of the Union Government through the Ministry of Home Affairs, MCOCA was formally extended to the National Capital Territory in 2002.

Features of the law

The Act provides a robust legal framework to combat organised crime.

The law defines organised crime as ongoing unlawful activities involving violence, intimidation or threats for financial or material gain.

The Act establishes special courts for speedy trials, allows extended police custody, and makes certain police confessions admissible as evidence.

It empowers authorities to seize properties acquired through criminal means and imposes severe punishments, including life imprisonment or death for grave offences. The MCOCA also enforces strict bail conditions and grants enhanced surveillance powers to monitor suspected criminals and syndicates effectively.

Trials and procedures to slap MCOCA

All offences punishable under this Act shall be tried only by the Special Court that has jurisdiction over the area where the offence was committed, or by any other Special Court constituted under this Act.

The State Government may appoint an officer from the Home Department, not below the rank of Secretary to the Government, as the Competent Authority for the purposes of seeking permission to enforce this law.

A police officer not below the rank of Superintendent of Police, (Deputy Commissioner of Police in case of Delhi Police) who is supervising the investigation of an organised crime, may submit a written application to the Competent Authority seeking permission to intercept wire, electronic or oral communications if such interception may provide or has provided evidence of the offence.

Any information regarding the commission of an organised crime shall be recorded only with the prior approval of a police officer not below the rank of Deputy Inspector General of Police (Additional Commissioner in case of Delhi Police), and no investigation under this Act shall be conducted by an officer below the rank of Deputy Superintendent of Police (Assistant Commissioner in case of Delhi Police).

Notable cases under the Act

Chota Rajan was charged under the MCOCA act for several cases of extortion and murder.

The 2006 Mumbai train bombings. IPL spot-fixing and the betting case against S Sreesanth, Ajit Chandila and Ankeet Chavan. Besides, Sanjay Dutt was charged for his connection in the 1993 bombings.