LG seeks extension of Guj Prevention of Anti-social Activities Act to Delhi

Delhi Lieutenant Governor VK Saxena approved the proposal to forward to Union Ministry of Home Affairs the recommendation for extension of 'The Gujarat Prevention of Anti-social Activities Act, 1985,' that provides for preventive detention of bootleggers, dangerous persons, drug offenders, immoral traffic offenders and property grabbers for preventing their anti-social and dangerous activities prejudicial to the maintenance of public order, to the national capital.

Delhi's Home Department on June 27, 2023 submitted the proposal to the LG Saxena for issuance of notification under Section 2 of the Union Territories (Laws) Act for extending the Gujarat law to the NCT of Delhi, a Raj Bhawat statement said.

The Law Department, GNCTD has vetted the draft notification with the observation that the Administrative Department must ensure to comply with the provision of GNCTD (Amendment) Act, 2021 read with the GNCTD (Amendment) Ordinance, 2023 and provisions of Transaction of Business Rules (TBR), 1993, which entail that the draft notification be sent to the Union Home Ministry for extension of the said Act to the National Capital, it said.

It may be noted that an identical law from Telangana (The Telangana Prevention of Dangerous Activities of Boot Leggers, property offenders ... etc Act, 1986) was also examined and it was found that the Gujarat Law is more reasonable and better.

Further, the Lieutenant Governor had also agreed to the proposal that the Gujarat Law may be forwarded to the Union Ministry of Home Affairs for considering its extension to the national capital after taking note of the observation that between Telangana and Gujarat law, "the Gujarat law is more reasonable and better".

Earlier in March this year, Saxena accorded approval to the proposal of the Home Department that Delhi Police should effectively use The National Security Act of 1980 whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith".

Delhi Police vide its letter dated February 14, 2023, had requested that the provisions of the Gujarat Act be examined.

The Home Department in October last year had forwarded the approval accorded by the Lieutenant Governor to the request of the Delhi Police to examine the Telangana and Gujarat Laws for taking a decision, inter-alia, including a decision on the subject of the Law & Order Vs Public Order and the competency to extend the proposed law to NCT of Delhi.

Section 2 of the Union Territories (Laws) Act, 1950 dealing with the Power to extend enactments to certain Union Territories, entails that, "The Central Government may, by notification in the official gazette, extend to the Union Territory of Delhi or any part of such territory, with such restrictions and modifications as it thinks fit, any enactment which is in force in a State at the date of the notification".

It is expected that once notified the said Act will provide the Police with more teeth to deal with criminals and at the same time ensure effective deterrence against crimes like chain snatching, bootlegging, drug peddling and trafficking etc.