PASA crutch makes Govt task easier

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INDIAN EXPRESS FRONT PAGE

Tuesday, October 12, 1999
PASA crutch makes Govt task easier
KUMAR SHAKTI SHEKHAR
AHMEDABAD, OCT 11: The Prevention of Anti-Social Activities Act, 1985 (PASA), a preventive detention law in Gujarat, is being used frequently and with impunity by the Government and administration despite 90 per cent of the cases being quashed by Gujarat High Court.
Recently, the court had quashed an order of Rajkot Police Commissioner detaining advocate Hiten Ganatra under PASA for criminal breach of trust with Punjab National Bank. Ganatra was accused of forging documents. The court observed that an inordinate delay of seven months had been made in taking action.
Last year, the Government was forced to withdraw an order passed by Amreli district magistrate against Congress worker Virjihai H Chodvadia, after the court cautioned the Government to be prepared for severe strictures.
Even the Supreme Court rejected the detention order passed by Ahmedabad Police Commissioner in 1994 against Mustakmiya Jabbarmiya Shaikh. The SC observed that the power to detain a person under PASA ``should be exercised withrestraint and great caution.''
It said: ``A distinction has to be drawn between law and order and maintenance of public order, because most often the two expressions are confused and detention orders are passed in respect of activities which fall within the domain of law and order and which have nothing to do with maintenance of public order.''
Section 3 of PASA states a person shall be deemed to be `acting in any manner prejudicial to maintenance of public order' when such a person is engaged in or is preparing to engage in bootlegging, drug dealing, immoral traffic or property grabbing.
Interestingly, the number of PASA detenus increase in election years: the number of detenus in Ahmedabad was 141 in 1995, 508 in 1996, 300 in 1997, 377 in 1998 and 327 this year so far, though the number was 199 till July.
Former Chief Justice A P Ravani of Rajasthan HC says PASA is often used as a short-cut to maintenance of law and order rather than public order. ``If ordinary criminal laws are not satisfactory,they could be amended, but they should never be ground for use of PASA,'' he says.
However, Rajkot Police Commissioner S K Sinha says PASA has become an effective alternative to ``third degree methods'' and has prevented ``encounter deaths'' from taking place. He says it is difficult to check crime with the role of police, prosecution and judiciary being limited.
Surat Police Commissioner Kuldip Sharma says, ``PASA is resorted to because the existing system is too cumbersome, liberal and time-consuming to have any deterrent impact.'' If these drawbacks are removed from the existing system then many will get into serious trouble even for routine crime, he says.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.