Since June 2019, four 'habitual offenders' have been put behind bars under the draconian MPDA Act.
Suresh Ramavatar Chauhan, 30, against whom 50 cases have been registered, is currently in jail
Armed with the Maharashtra Prevention of Dangerous Activities (MPDA) Act, the Government Railway Police (GRP) have cracked down on habitual offenders, some of whom have committed close to 50 felonies. Under the draconian law, an offender is detained and sent to prison immediately, and action is taken following a 61-day procedure, including 49 days of hearings before an advisory committee.
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In the past seven months, the GRP has sent four criminals behind the bars for one year and the decision against a fifth offender, who was detained in mid-January, is pending. The railways were given the power to use the Act against those committing felonies on railway premises and trains after GRP Commissioner Ravindra Sengaonkar sought approval of the state home department, and got the go-ahead in June last year.
Sharukh Shaikh, 26, was detained by Borivli GRP on December 27, 2019, and jailed on January 16
Confirming the development, Sengaonkar said, "It was during my tenure at different districts that I saw the effectiveness of maintaining public order by enforcing MPDA Act against habitual offenders. But after joining as commissioner, I learnt that the GRP was not empowered to use the Act. Therefore, I submitted a proposal to the additional chief secretary (home) and the state government accepted it."
Explaining his move to use MPDA Act, Sengaonkar said despite best efforts of his officials, the offenders charged for mobile theft or chain snatching would roam free after getting bail and continue to commit crimes. He said they realised the only deterrent is MPDA Act "where such detainees are put in jail for a term of one year, which is done to safe guard public interest."
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A trial does not take place to send the detainees behind bars, under this law. After the commissioner detains a culprit and sends him to jail, he sends a detailed report on the case and an explanation for using MPDA Act to Additional Chief Secretary (Home) for approval. The approval procedure takes 61 days, during which the detainee remains in jail. The ACS (Home) takes a decision within 12 days and if he approves, the file is forwarded to the advisory committee that gives an order within 49 days after hearing both the prosecution and defendant's lawyers. After a verdict comes in favour of the GRP, the detainee remains in prison till his one-year term is over, but is allowed to appeal against the order before the HC.
"We follow due procedure of law before initiating action under MPDA Act against the habitual offenders. This is a stringent act and taken only after all measures under the given provision of law get exhausted, with fair chance given to the accused to appeal against the detention before the advisory committee comprising of a sitting high court judge and two retired judges," said Inspector Shahaji Nikam, local crime branch, GRP, and also in-charge of MPDA cases.
"All accused are sent to Thane Central Jail from where they are shifted to any other central prison where they complete their term. Either these habitual offenders behave and give up crime or face jail. We have put many repeat offenders under scanner and action would be taken against them," said Nikam. He added that the offenders can be detained again under the law if they go back into the life of crime post-release.
The four offenders who have been sent to prison are Suresh Ramavatar Chauhan, 30, Zainul Shabbir, 29, Mohammed Rafiq Shaikh, 22, and Sharukh Shaikh, 26.
Close to 50 cases of theft and robbery were registered against Chauhan, a resident of Bhandup, at Kurla railway police station (19 cases), Thane railway police station (9) Andheri railway police station (10) and Borivli railway police station (12).
"We had given him several warnings and had arrested him numerous times. Despite several actions under Criminal Procedure Code (CrPC), there was no improvement. The Kurla railway police then initiated a request under MPDA Act. He is presently lodged at Nashik Central Jail," said M A Inamdar, senior inspector at Kurla police station.
Shabbir, a resident of Mumbra, was detained by Dadar railway police on October 10, 2019, and the advisory committee passed an order for his one-year detention on November 21, 2019. Rafiq, also a resident of Mumbra, was nabbed by Thane railway police on November 12, 2019, and sent to jail after order came on December 23.
Order to send Sharukh, a resident of Andheri West, to jail was taken on January 16. He was detained by the Borivli railway police December 27, 2019. The GRP is currently awaiting decision on the fifth person, Shivaji Thupe, 34-year-old resident of Mankhurd, who was detained on January 15. The state government and advisory committee's decision are pending.
61
No. of days taken under the MPDA Act to pass a detention order
1year
Jail term for offenders under the MPDA Act
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