Legal provisions in respect of recent judgments of the Gujarat High Court

- People-oriented guidance: H.S. Patel IAS (Retd.)

- The detaining officer follows the essence of the law in making orders like aspect to maintain public order

In our country, civil and criminal laws have been framed under the British rule. Criminal law is primarily known as the Indian Penal Code - the Indian Penal Code. The law has provisions for the conduct and punishment of different types of offenses and the trial procedure for those offenses - the Criminal Procedure Code - is provided in the Criminal Procedure Act. The judiciary has the power to punish and fine. There were mainly two authorities in the English system of government. The district magistrate and the collector and the police system meant that 'anything under the sun, you pick up any legislation you will find the name of the collector and the police'. There was no concept of welfare state. At the same time, it is necessary that the responsibility of protecting public safety and property lies with the 'State'. The Indian Penal Code at that time was a comprehensive law in the context of the Indian situation. But from time to time the need arose to enact special laws for certain serious crimes. As the National Security Act was enacted during the period of independence. The reason was that there was a need for such a law considering the sovereignty and security of the country. Many of these clauses have been repealed. But there are certain types of Hardcore Criminals whose activities are not hindered by the provisions of the common law because such defiant persons are not willing to file a complaint against them on the strength of their muscle power or money, do not make statements as witnesses, host witnesses etc. So that there is no punishment for evading the provisions of such ISMO law. So earlier a law called 'Bemt' Maintenance of Internal Security Act (MISA) was enacted, but this law was misused mostly politically. So that this law was repealed in the period of 'Janata Sarkar' -18 in the country.

Gujarat Prevention of Anti Social Act - 12 was enacted in Gujarat. In 2020, the law also adds issues such as 'land grabbing' cyber crime - lending as well as immoral business sexual offenders as well as adulteration in drugs. The objectives of this law are in the right form and in the form in which the scope of the law has been extended, exemplary action can be taken against defiant criminals or serious types of criminals. This right has been given to the District Magistrate and Collector as Detaine Authority under Section 7 of the Act and to the Commissioner of Police in major cities. This law generally deprives another citizen / offender of the right to liberty as a fundamental authority in the Habeaus Corpus. This means that if a person is arrested, the accused has to be produced before the court within 3 hours. When a detention order is issued under this law, he is sent directly to jail. But it is the responsibility of the Detaining Officer to ensure that the reasons for detention are endangered due to the criminal activity of the person related to the Public Order and cannot be controlled by the existing law. It is necessary to order such reasons in detail. (Reasoned Order) If the order is made in casual form or with bias, it does not survive in the Advisory Board or the High Court. The provisions of this law are also called Draconian Law because the arrest of a person under the aforesaid law of detention is carried out without following any legal process and the person is sent to jail in violation of the principle of liberty. The core of the law is defiant criminals whose activities cannot be controlled by the provisions of the common law. This is the provision for that. The authority which makes the restraining order has to give a copy of the order to the concerned detainee or his relatives within a week and such order has to be sent for the ratification of the government. Have come. The Advisory Board consists of a panel of three retired High Court judges. One of which is the chairman.

Recently, the Gujarat High Court has strongly criticized the 'Pasa' order against a Kheralu panchayat member and the order of the High Court officials in the deportation case based on the complaint of the Godhra MLA's son. 'Tadipar' which is called 'Externment' and has given powers to the Sub Divisional Magistrate and Province Officer of the concerned area under Sections 3 and 4 of the Gujarat Police Act. The type of deportation order has been made in it. In which the High Court judge has issued orders to take action against the sub-divisional magistrate instead of making a biased and defective order instead of the order which should be made following the provisions of the law. Similarly, in the case of Kheralu, the order of 'dice' has been issued against the member of the taluka panchayat. In which, as per the findings of the High Court, the High Court has ruled that the order of 'aspect' related to doing it on political grounds was made only out of rage and as part of favoritism. Thus the basic purpose of these laws is to prosecute defiant criminals. But it has come to our notice that the authority given in the law by the authorities is being misused. Powers under these laws should be exercised in a just manner. There are provisions for truly exemplary action through legislation like ‘aspect’ so that criminal activity can be stopped. It is hoped that in establishing the rule of law, bureaucrats will carry out the legal provisions without fear or favor.