L-G forwards proposal to MHA seeking extension of Guj Prevention of Anti-social Activities Act to Delhi

New Delhi: Lieutenant Governor V K Saxena has forwarded a proposal to the Ministry of Home Affairs (MHA), seeking extension of ‘The Gujarat Prevention of Anti-social Activities Act, 1985’ to the national capital, Raj Niwas officials said on Sunday.

The Gujarat Prevention of Anti-social Activities Act, 1985, provides for preventive detention of bootleggers, dangerous persons, drug offenders, immoral traffic offenders and property grabbers for preventing their dangerous activities prejudicial to the maintenance of public order, they added.

On June 27, Delhi’s Home Department had submitted the proposal to the LG for issuance of notification under Section 2 of the Union Territories (Laws) Act for extending the Gujarat law to the NCT of Delhi.

The Law Department of the Delhi government 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. An identical law from Telangana (The Telangana Prevention of Dangerous Activities of Bootleggers, property offenders, etc Act, 1986) was also examined and it was found that the Gujarat law is more reasonable and better.

L-G Saxena also agreed to the proposal that the Gujarat law may be forwarded to the MHA 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”, the officials said.

In March this year, Saxena had 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 through its letter dated February 14 this year had requested that the provisions of the Gujarat Act to be examined.

The Home Department in October last year had forwarded the approval accorded by the LG to the request of the Delhi Police to examine the Telangana and Gujarat laws for taking a decision.

Section 2 of the Union Territories (Laws) Act, 1950 dealing with 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”.

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