Maharashtra Law on ‘Dangerous Persons’

Why in news?

Aurangabad police recently detained a city corporator under MPD Act, 1981 of Maharashtra.

What is the MPD Act?

• It is Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act (MPDA), 1981.
• The Act empowers the district magistrate and the commissioner of police to exercise its provisions.
• They can decide in their view if a person is acting in a manner prejudicial to the maintenance of public order.
• Either of these two authorities can pass an order under the Act directing that such a person be detained.
• In the first instance, an order passed under MPDA cannot exceed three months.
• The person against whom the order is issued could challenge the detention before a higher court.
• If the court is satisfied with his/her plea, the order can be revoked or set aside.

How did the Act come about?

• The mafia in Maharashtra, particularly Mumbai, was making much of its earnings from bootlegging (illegal sale or transport of alcoholic liquor).
• During this period (1980s and 1990s) slumlords too were dominant in Mumbai.
• The MDP Act was mainly intended at handling these groups.
• Today, the police use the law mainly during a build-up to a protest or threat to law and order.
• People who could cause any harm, danger or alarm or a feeling of insecurity among the general public could be detained.
• The state government is looking at a proposal to bring human traffickers under the realm of MPDA.
• This is to deal effectively with the issue of missing girls.

What is the current case?

• A city corporator is an elected member of a municipal corporation.
• Sayyed Mateen Rashid of All India Majlis-e-Ittehadul Muslimeen (AIMIM), a corporator was detained under MPDA act.
• The Aurangabad Commissioner cited offences like arson, rioting, inciting mob for breach of communal harmony, creating alarm in society as the reasons.
• In the past, he had reportedly opposed singing of the national anthem in the Aurangabad Municipal Corporation.
• Recently, he had reportedly opposed a resolution to pay tribute to former Prime Minister Atal Bihari Vajpayee.
• And so, some BJP corporators allegedly beat him up and filed a complaint under the IPC.
• He was accused of promoting enmity between members of communities.
• He was granted bail in the IPC case but was shortly served the Commissioner’s notice under MPDA.

Source: Indian Express