STATE OF MAHARASHTRA Vs. BHARAT SHANTI LAL SHAH

JUDGEMENT

(1.) Leave granted.

(2.) In all these appeals the issue that falls for our consideration is the constitutional validity of the Maharashtra Control of Organised Crime Act, 1999 (for short the MCOCA or the Act) on the ground that the State Legislature did not have the legislative competence to enact such a law and also that the aforesaid law is unreasonable and is violative of the provisions of Article 14 of the Constitution of India.

(3.) Respondent Nos. 2 and 3 were arrested under the provisions of the MCOCA and cases were registered against them. Being aggrieved by the aforesaid arrest and registration of cases both of them filed separate writ petitions being Criminal Writ Petition No. 1738/2002 and Criminal Writ Petition No. 110/2003 respectively in the Bombay High Court challenging the constitutional validity of the MCOCA, particularly the provisions of Section 2(d, (e) and (f) and that of Sections 3, 4 and 13 to 16 and Section 21 (5) of the MCOCA. Respondent No. 1 also filed a writ petition of similar nature being Criminal Writ Petition No. 27/2003. The Bombay High Court heard the above mentioned writ petitions together and passed a common judgment and order on 05.03.2003 whereby it upheld the constitutional validity of Section 2(d, (e) and (f) and also the provisions of Sections 3 and 4 but struck down Sections 13 to 16 as unconstitutional as being beyond the legislative competence of the State Legislature. The High Court held that the Parliament alone has the power to make law in that regard as provided for under Entry 31 of List I of Seventh Schedule to the Constitution and that already the Indian Telegraph Act, 1885, a Central Act was holding the field. The High Court also struck down sub-section (5) of Section 21 of the MCOCA holding that the same was violative of provisions of Article 14 of the Constitution of India. Being aggrieved by the aforesaid common order the State of Maharashtra has filed the present appeals.