‘Need stringent legislation on detention of bootleggers, sexual offenders…’: Delhi LG to Centre

All detentions under the Act will be subject to ratification by the advisory board, and if the advisory board does not ratify detention the individual will be released

Delhi's LG (ANI; Representational Purpose only)

New Delhi: Delhi Lieutenant Governor VK Saxena approved and forwarded to the Union Ministry of Home Affairs (MHA) the proposal of the Delhi Police to extend the Telangana Prevention of Dangerous Activities Act, 1986, as amended, to the NCT of Delhi on Friday (December 2, 2022). According to the Lieutenant Governor's office, Saxena approved and forwarded Delhi Police's proposal to the Ministry of Home Affairs (MHA) for notification under Section 2 of the Union Territories (Laws) Act, 1950."The said Act is applicable for the prevention of dangerous activities of bootleggers, drug offenders, immoral traffic offenders, land grabbers, food adulteration offenders, fake document offenders, scheduled commodities offenders, gaming offenders, sexual offenders, explosive substances offenders, arms offenders, cybercrime offenders and white collar or financial offenders. The MHA will take a decision in this regard," the LG office said. 

MHA's decision on the Act

The MHA will make a decision in this regard, according to the LG office. Notably, in June 2022, the Delhi Police requested the competent authority's approval for the issuance of a notification extending the Act to the NCT of Delhi. According to the police, there is "a need for stringent legislation for the prevention and effective control of criminal activities, particularly by repeat offenders involved in bootlegging, land grabbing, snatching, robbery, arms running, sale of drugs, gambling, sexual offences etc." 

The Telangana Act is an effective piece of legislation that provides for the preventive detention of desperate criminals and members of organised syndicates whose criminal activities have an adverse effect on or are likely to have an adverse effect on, the maintenance of public order. Section 2 of the Union Territories (Laws) Act, 1950 states that the Central Government may, by notification in the Official Gazette, extend to the Union Territory of Delhi any Act in force in other States, subject to any restrictions and modifications that it deems appropriate.

The proposed notification, if approved by MHA provides that the Government (Lt. Governor in case of NCT of Delhi) may, if satisfied, a view to preventing a person from acting in any manner prejudicial to the maintenance of public order, it is necessary to do, make an order directing that such person be detained. It also has sufficient embedded provisions to prevent any misuse of the Act by providing for an advisory board to ratify detentions and their extension.

Detentions under this Act will be subject to ratification

All detentions under the Act will be subject to ratification by the advisory board and in the event of the advisory board not ratifying any detention the person will be released."The period of such detention shall not in the first instance, exceed three months and the maximum period of detention shall not be more than 12 months from the date of detention. In every case where a detention order has been made under this Act, the government shall within 03 weeks from the date of detention of a person, place the matter before an advisory board constituted by the government for this purpose. The advisory board shall consist of members who have been Judges or are qualified to be appointed as judges of a High Court," the LG office said. 

(With ANI inputs)