SC Seeks GoI’s Reply To Plea On Jail Terms

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NEW DELHI — The Supreme Court Bench, led by Chief Justice of India Ranjan Gogoi, on Monday sought a response from the government of India to a petition that various jail terms awarded to a convict under special laws on corruption and terrorism should run consecutively, as in countries like the U.S., and not concurrently.

The petition, filed by advocate Ashwini Kumar Upadhyay, said the provision in the Code of Criminal Procedure (Cr. PC) that allows varying jail terms to run simultaneously should not apply to convicts in heinous cases.

 “Section 31 of the Cr.PC should not apply to special laws such as the Unlawful Activities (Prevention) Act (UAPA), the Prevention of Corruption Act (PCA), the Prohibition of Benami Property Transactions Act, the Prevention of Money-Laundering Act (PMLA), the Foreign Contribution (Regulation) Act (FCRA), the Black Money and Imposition of Tax Act, and the Fugitive Economic Offenders Act,” the petition said.

 “Extorting money by spreading terrorism in society is the aim of organised criminals. The money is not spent on just causes but to derail…economy. It is, therefore, essential to provide for the strictest punishment. Punishment envisaged in the Maharashtra Control of Organised Crime Act was three to 10 years of imprisonment, which can be extended to life imprisonment,” it said.

The plea sought directions to the Law Commission to examine the anti-corruption, anti-separatism and anti-terrorism laws and policies of the U.S., Australia, Israel and Spain and prepare a report in three months.

 


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