The Centre on Wednesday told the Gujarat high court that it was unable to give consent to the Narendra Modi government's anti-terror legislation as it was on the lines of the Prevention of Terrorism Activities Act which had been repealed.
The court had asked the Union home ministry to give its reply on a petition filed by an NGO, Justice on Trial, on the delay in the clearance of the Gujarat Control of Organised Crime bill which was pending before the President for the last four years.
In an affidavit submitted to the court, the ministry said the executive at the national level cannot recommend the passage of the bill by the state legislature if a law of the same nature has been repealed by the Union legislature.
The affidavit also said it has been concluded during the detailed examination that it would not be in consonance with the policy of the central government, which led to repeal of POTA, to recommend the passage of any such legislation which contains similar provisions.
The affidavit further said the proposal of the state government has been submitted for consideration of the cabinet and it is expected that the decision on it will be taken in near future.
Chief Justice K S Radhakrishnan and Justice M S Shah, after listening to submissions by the lawyer of central government Harin Rawal regarding the affidavit, fixed the next hearing after one month.
In its petition on GUJCOC, aimed against organised crime and terrorism, the NGO had questioned how a legislation passed by elected representatives of a state of can be blocked "on the basis of political ideology of a party".
It said that states like Maharashtra, Karnataka, Andhra Pradesh and Delhi have such laws, but the central government was not allowing such a law for Gujarat.
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