Delhi LG okays proposal to extend stringent Telangana law in national capital

Officials said that if the Union home ministry extends the law, it will empower police to preventively detain boot-eggers, drug and prostitution law offenders, land grabbers, food adulterers, fake document makers, sexual offenders, and cybercriminals. The law also covers white-collar crime.

Lieutenant governor Vinai Kumar Saxena has approved and forwarded a Delhi Police proposal to the Centre, seeking to extend an anti-crime Telangana law to the national capital. The law provides for the preventive detention of criminals and members of organised syndicates, whose activities affect or are likely to impact the maintenance of public order.

TOPSHOT - A Delhi police barrier blocks a street during a Delhi state-wide weekend curfew imposed by the authorities to curb the spreading of the Covid-19 coronavirus in New Delhi on January 8, 2022. (Photo by Prakash SINGH / AFP) (AFP)

Police sought the extension of the law, the Telangana Prevention of Dangerous Activities Act, to counter organised crime, sexual offences, land grabbing, chain snatching, etc.

In 2021, the Supreme Court, while hearing a case on how people granted bail were immediately being detained under the law, termed it “draconian” and expressed surprise that no one had challenged it.

Officials aware of the matter on Friday said that if the Union home ministry extends the law, it will empower police to preventively detain boot-eggers, drug and prostitution law offenders, land grabbers, food adulterers, fake document makers, sexual offenders, and cybercriminals. The law also covers white-collar crime.

The Centre exercises executive powers related to land, the police, and public order with respect to the National Capital Territory of Delhi. The Union home ministry will take a final decision on extending the Telangana law. According to the Union Territories (Laws) Act, 1950, the Centre may by notification in the official gazette extend to Delhi any law in force in other states with any restrictions and modifications as it deems fit.

The Delhi Police in June sought approval for extending the law citing “a need for stringent legislation for the prevention and effective control” of criminal activities. It said there was a need to particularly check repeat offenders involved in bootlegging, land grabbing, snatching, robbery, arms running, sale of drugs, gambling, and sexual offences. The police argued that the existing laws on preventive detention and public safety were not adequate.

Delhi police spokesperson Suman Nalwa said, “This is a stringent law to maintain law and order and deal with people involved in criminal activities and even organised crimes. It will strengthen the hands of police personnel, investigators in particular. This law will help is bring down cases of crimes against women and also act against notorious gangsters and criminals. It is the priority of the Delhi Police to act sternly against all crimes.”

The LG and a spokesperson for AAP, which runs Delhi’s elected government , declined comment

One of the officials quoted above said the Telangana law seeks to prevent misuse by providing for an advisory board to ratify detentions and their extension under the legislation. All detentions are subject to ratification, and need to come up before the board within three weeks. In the event the board does not ratify a detention, the person can be released. The period for such detention in the first instance cannot exceed three months. The maximum period of detention shall not be over 12 months, according to the law.

The law also provides for immunity to the police. “No suit, prosecution or other legal proceeding shall lie against the government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act,” it says.

The law also says that grounds of order of detention to be disclosed to persons affected by the order. “When a person is detained in pursuance of a detention order, the authority making the order shall as soon as may be but not later than five days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the government.”

Senior advocate Sidharth Luthra said: “Delhi already has extended the Maharashtra Control of Organised Crime Act (MCOCA) to deal with organised crime. In my view, there are adequate preventive detention laws such as the National Security Act (NSA) or the Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances (PITNDPS) Act, which apply in Delhi. Multiplicity of laws does not always make for effective application of laws. Though I must add that similar to the Telengana law, Uttar Pradesh has the Gangsters Act, and there are similar laws in many states.”

Retired IPS officer Ashok Chand, who was posted as the deputy commissioner of police (crime branch) and special cell units of the Delhi Police, said, “For effective implementation of law and order in Delhi, stringent laws are required. For example, the amended law against snatchers which was implemented in Haryana has showed it acts as a deterrent. Though police do have option of using National Security Act in Delhi, it is always better if there are others laws to deal with daily street crimes. At the same time, the top brass should ensure that the law is implemented in the right spirit.”