When : 1 September 2008
Held : That a state can legally make special laws even on subject matters like telephone communication and insurgency, figuring in the Union List so long as it is to combat special organised crimes like extortion, gun-running, money-laundering, terrorism and insurgency.
Matter : A Bench of chief justice KG Balakrishnan and justices RV Raveendran and MK Sharma, while quashing a Bombay High Court order of 2003 in which the court had held that Sections 13, 14, 15 and 16 of MCOCA, relating to interception of communication was subject to Central List.and therefore government of Maharashtra had no right to enact a law on this subject.
Impact : The ruling is likely to give impetus to trials in several cases being tried under MCOCA, including those related to the 2007 Mumbai train bombings and will also strengthen the implementing of similar law in Gujarat.
Parties : State of Maharashtra, Bharat Shah.
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