The Hindu : Kerala News : Bill against anti-social elements introduced

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Wednesday, Sep 05, 2007
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Kerala

Bill against anti-social elements introduced

Special Correspondent

More powers to keep known criminals under custody

Kerala Anti-Social Activities (Prevention) Bill referred to subject committee
Opposition says some of the provisions violated the Indian Criminal Procedure Code

THIRUVANANTHAPURAM: The State Assembly on Tuesday referred the Kerala Anti-Social Activities (Prevention) Bill, 2007, which seeks to equip the law-enforcement authorities with powers to keep under custody known criminals who work as hatchet men for organised mafia groups, to its subject committee.

The Bill is to replace an Ordinance of the same title first promulgated during the fag end of the previous Government and promulgated twice again after the Left Democratic Front (LDF) assumed charge of the Government.

Introducing the Bill, Home Minister Kodiyeri Balakrishnan said organised criminal activities had become a threat to both the economic and physical security of the State and its citizens in the recent years.

Mafia groups thriving on such activities had wide networks of criminals intimidating and attacking law abiding citizens who stood in their way or assisted the law enforcement agencies. He said that the police had taken 53 known criminals into custody using the provisions of the ordinance. Thirteen of them had been released subsequently.

In the case of 11 other persons, the need for continued detention was being reviewed.

Mr. Balakrishnan said the Government had used the provisions of the ordinance judiciously so far and assured the House that the approach would not change in the coming days.

The Bill proposed the constitution advisory boards, each chaired by a sitting or retired judge of the High Court, to examine the grounds on which any person had been taken into custody under its provisions. Each such board would have two other members qualified under the Constitution of India to be appointed as High Court judges.

Within two months of the detention, the board had to, after examining the grounds cited by the authorities, advise the Government on whether there was sufficient justification for keeping the person under custody.

Mr. Balakrishnan said that, unlike in the case of similar enactments made by some of the other States, the Bill in Kerala had clear provisions to ensure the rights of the individual against unjust detention.

No person could be detained under the provisions of this Bill beyond a period of six months.

Detention orders would be given by the District Collector concerned, on the advice of the District Superintendent of Police.

Opposition members K.M. Mani, Aryadan Mohammed, Thiruvanchoor Radhakrishnan and V.D. Satheeshan, while agreeing with the Government on the need for such a legislation, argued that some of the provisions of the Bill violated the Indian Criminal Procedure Code. They also contended that the chairperson and the members of the advisory board should be appointed on the basis of the recommendation of the Chief Justice of Kerala High Court to ensure that it functioned without political prejudice.

Mr. Balakrishnan said that all suggestions received during the five-hour discussion in the Assembly following the introduction of the Bill would be considered seriously by the Subject Committee.

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