File picture of the Gujarat Assembly complex.
It's a proposal so controversial that it has been rejected by two Presidents, Pratibha Patil and APJ Abdul Kalam, but the Gujarat government is determined to push ahead with a proposed law aimed at combating terrorism and organized crime.
A bill was introduced in the state assembly today for the fourth time in 12 years and was passed in the absence of the opposition Congress, which had walked out.
"We need such laws to counter terrorism. This law will ensure that those involved in anti-social activities will not come out on bail easily," said Nitin Patel, spokesperson of the Gujarat government.
The bill has always been passed in the state, because the ruling BJP has a clear majority, but it couldn't become law as the president refused to sign off on it.
"A state cannot pass a bill contradictory to the central law. Two presidents have rejected this bill," said Congress leader Shaktisinh Gohil.
The Gujarat Control of Terrorism and Organised Crime Bill is an amended version of the previous bill, but still vests the police with far too much power, say critics. Authorities are entitled to intercept phone calls; recordings are admissible in the court as evidence.
Confessions made before senior police officers can be submitted as evidence in court. Rights activists warn that this means suspects can be tortured into confessing and this could be used in court. A suspect can be kept in custody for 30 days, instead of the current 15-day period; and if a public prosecutor recommends it, the police can take 180 days to file a chargesheet - that's twice the current time limit and can subject a suspect to immense harassment, say critics.
The first version of the proposal was sent to the Centre in 2004, when Narendra Modi was Chief Minister; the Union government headed by the BJP's Atal Bihari Vajpayee had sent it back, asking for major changes. The coalition government led by the Congress also objected to later versions of the bill.