Law holds no bars for cops

SURAT, JUNE 16: The Surat police has been freely using the Prevention of Anti-Social Activities Act PASA to bring property-related offe...

SURAT, JUNE 16: The Surat police has been freely using the Prevention of Anti-Social Activities Act PASA to bring property-related offenders, bootleggers and even pimps and brothel owners within its range.

While the act was effective against bootleggers in the first five months of this year, the arrest of three pimps under the Act in February set alarm bells ringing. A national body of sex-workers even approached the National Human Rights Council in protest against the use of PASA.

The spurt in arrests is reflected in statistics. While 1998 saw the arrest of 75 people under the Act, there have already been 81 PASA arrests this year. While 33 people were detained under PASA in the first five months of 1998, the corresponding figure this year is 69. Of these, 46 were arrested for bootlegging 8212; an offence that normally invites action under the bailable Prohibition Act, 1948 8212; 17 for being 8220;dangerous persons8221; and six for operating in the Chakla Bazaar red-light area.

8220;I see this as a good trend. PASAarrests, especially of bootleggers, will continue8221;, says City police commissioner Kuldeep Sharma. Told that at this rate the Surat police could well set a record, he replies, 8220;Indeed, that8217;s true, and it should happen.8221;

Human rights activists, however, may not agree. Arrests made under the PASA do not require chargesheets, nor are they bailable. The accused is jailed for a year, though the case is reviewed every three months by the PASA Board.

The process of a PASA arrest usually starts with a police station informing the police commissioner that a particular person 8212; a habitual offender, a bootlegger or a 8220;dangerous person8221;8211; was an obstacle to maintaining law and order. The police chief studies the case, and if he deems the PASA applicable, orders the Prevention of Crime Branch to carry out the arrest.

8220;Some criminals are simply too notorious for the common laws8221;, says police sub-inspector Vinay Shukla, adding that PASA was being most effectively used as a preventive custody tool againsthabitual and listed bootleggers.

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However, sex workers may not enter the police net as easily.

National president of the Bharatiya Patita Uddhar Sabha Khairati Lal Bhola, who was in the city last month, told The Indian Express

, 8220;Such use of the PASA is illegal. It8217;s being misused by the police.8221;

Apart from the NHRC, the BPUS has approached Chief Minister Keshubhai Patel, and assured that the three pimps arrested under the PASA would be released immediately. However, that is yet to happen.