LG Saxena asks Centre to extend to Delhi law on detention of bootleggers, dacoits

According to the Lieutenant Governor's office, Saxena has approved and forwarded the proposal of Delhi Police to the Ministry of Home Affairs (MHA) for issuance of notification under Section 2 of the Union Territories (Laws) Act, 1950.

"The said Act is applicable for 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.

The MHA will take a decision in this regard, the LG office said.

Notably, the Delhi Police in June, 2022, had requested for the approval of the competent authority for issuance of notification for extending the Act to the NCT of Delhi.

The police have said that 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 Act enforced in the state of Telangana is an effective legislation which provides for preventive detention of desperate criminals and members of the organized syndicates whose criminal activities affect adversely, or are likely to affect adversely, the maintenance of public order.

Section 2 of the Union Territories (Laws) Act, 1950 prescribes that the Central Government may, by notification in the Official Gazette, extend to the Union Territory of Delhi, any Act in force in some other States, with any restrictions and modifications, as it deems fit.

The proposed notification, if approved by MHA provides that the Government (Lt. Governor in case of NCT of Delhi) may, if satisfied, with view to prevent 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. 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. (ANI)