The deterioration in law and order in the State, particularly in the twin cities of Cuttack and Bhubaneswar where organised crimes such as extortion, land grabbing, money-laundering, contract killings, sex rackets, child trafficking and illegal narcotics trade have spiralled, has forced the Odisha Government to propose enactment of a Goonda Act on the lines of Uttar Pradesh, Maharashtra and Gujarat.
The proposed Bill, tentatively titled “Odisha Goonda and Anti-social Activities (Prevention) Bill”, would be placed before the State Cabinet after the Law Department vets the draft bill and once cleared, will be tabled in the Assembly.
The special law seeks to give the District Magistrates the power to seize assets believed to have been bought from proceeds of crime, proposes a minimum three year prison term and 10 years will be the maximum punishment - for officials who connive with criminals by their action or inaction, or intentionally avoid carrying out directions of any court or superior officer.
However, there is always a fear that preventive detention laws can be misused as it has happened in some States where it is in force. The laws confer extraordinary discretionary powers on the executive to detain persons without bail for a period that may extend to one year.
The Goondas Act is meant to be invoked against habitual offenders, but in practice it has been often used for a host of extraneous reasons. The police tend to use it to buy themselves more time to investigate offences and file a charge-sheet.
Several examples are there when sometimes it has been used to send a ‘tough message’ when sufficient provisions are available in the ordinary laws of the land. It can also be used as a tool by the ruling dispensation against rivals to crack down on political activities.
It can become a tool to put anyone in prison even without giving them an opportunity to explain their side of the story before the courts by terming them as ‘Goonda.’
Even the Supreme Court has cautioned against the arbitrary detention under the law. So the provisions of the law under which can be abused should be looked into before its enactment, opined some intellectuals.