- (1.) By way of this petition, the detenue Hingol Singh has questioned the proceedings for his detention under the Rajasthan Prevention of Anti-Social Activities Act, 2006 as being wholly illegal and unauthorised.
(2.) The relevant aspects of the law applicable and the background facts could be noticed as follows: The Rajasthan Prevention of Anti-Social Activities Act, 2006 ('the Act' hereafter) received the assent of the President on 25.02.2008; and came into force from 05.03.2008, the date of its publication in the official Gazette. The enactment is essentially to provide for preventive detention of boot-leggers, dangerous persons, drug offenders, immoral traffic offenders and property grabbers for preventing their anti-social and dangerous activities, which are prejudicial to the maintenance of public order. For an eye-view of the scheme of the Act and its provisions, so far relevant for the present case, it could be noticed that the expressions "boot-legger", "dangerous person" and "habitual" are defined, respectively, in clauses (b), (c) and (g) of Section 2 of the Act as under:- (b) "boot-legger" means a persons who habitually distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the Rajasthan Excise Act, 1950 (Act No.2 of 1950) and the rules and orders made thereunder, or of any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the things described above by or through any other person, or who abets in any other manner the doing of any such thing; (c) "dangerous person" means a person, who either by himself or as member or leader of a gang, habitually commits, or a attempts to commit or abets the commission of any of the offences punishable under chapter XVI or chapter XVII of the Indian Penal Code, 1860 (Central Act No.45 of 1860) or any of the offences punishable under chapter V of the Arms Act, 1959 (Central Act No.54 of 1959) or any of the offences punishable under first proviso to sub-section (1), and sub-section (1A), of section 51 of the Wild Life (Protection) Act, 1972 (Central Act No.53 of 1972) or any offence punishable under section 67 of the Information Technology Act, 2000 (Central Act, No.21 of 2000); (g) "habitual" with all its grammatical variations, includes acts or omissions committed repeatedly, persistently and frequently having a thread of continuity stringing together similar repetitive acts or omission but shall not include isolated, individual and dissimilar acts or omission;
(3.) The principal and substantive provision in the enactment in regard to the powers to make the orders for detention of certain persons is contained in Section 3 of the Act that reads as under:- "3. Power to make orders detaining certain persons.- (1) The State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct that the District Magistrate, may also, if satisfied as provided in subsection (1), exercise the powers conferred by the said subsection. (3) When any order is made under this section by an authorised officer he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing, on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the meantime, it has been approved by the State Government. (4) For the purpose of this section, a person shall be deemed to be "acting in any manner prejudicial to the maintenance of public order" when such person is engaged in or is making preparation for engaging in any activities whether as a boot-legger or dangerous person or drug offender or immoral traffic offender or property grabber, which affect adversely or are likely to affect adversely the maintenance of public order. Explanation.- For the purpose of this sub-section public order shall be deemed to have been affected adversely or shall be deemed likely to be affected adversely inter alia if any of the activities of any person referred to in this sub-section directly or indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the public at large or any section thereof or a grave or widespread danger to life, property or public health.";