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MCOCA challenged in Delhi high court

A petition filed by the All-India Human Rights and Social Justice Front, a non-governmental organisation based in Delhi, contended that the MCOCA, which has been extended to Delhi, violates the Fundamental Rights of citizens.

The petition called the act draconian because it curbs the personal liberty of citizens, even depriving them of it at times, and provides for the forfeiture of property without fair legal procedure.

Terming the MCOCA ultra vires [beyond the power] of the state legislature under the Constitution, the petitioner submitted that the body was not competent to enforce such an act, which overrides the Fundamental Rights of citizens.

The petitioner also challenged provisions in the act that allow the admittance of intercepted messages as evidence on the grounds that telephone and Internet tapping violate the right to privacy of the individual.

Stating that the MCOCA is not based on the principles of natural justice, as the names of witnesses are not disclosed to the accused, the petitioner submitted that there is no provision of bail unless the accused proves his innocence.

A bench comprising Chief Justice S B Sinha and Justice A K Sikri sought a reply from the respondents on the petition and fixed November 20 as the next date of hearing.

PTI

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