The Madhya Pradesh High Court has issued a summons to the government in a Public Interest Litigation (PIL) challenging its action to cancel the use of the law, the 45-year-old Madhya Pradesh Dacoity and Kidnapping Affected Areas Act, in the state.
Since 2020, the petition states that over a thousand people were booked under the law though Madhya Pradesh was declared a dacoit-free state. The petitioner has asked for a declaration that this law is unconstitutional and should be revoked.
The Act allegedly imposes non-bailable conditions through Sections 11 and 13, and is being applied in ordinary property disputes, theft/combat situations, according to the petition. The petitioner submitted that such provisions can be used to bar an accused from securing anticipatory bail, and contravene their right to equality and personal liberty, guaranteed under the fundamental rights of the Indian Constitution.
The Act was introduced in October 1981 for dealing with dacoity and kidnapping in the forests of Chambal and Vindhya of Gwalior. It had stipulated harsh penalties and special courts for offence related to dacoitledes regarding the groups.
Petitioner’s counsel, Rajeev Sharma, referred to the remarks made by those in power, on extirpation of dacoit gangs. He said in response to this, the then home minister Bhupendra Singh told the Assembly in 2017 that all dacoit gangs had been eliminated and former Chief Minister Mr Shivraj Singh Chouhan in 2022 declared Madhya Pradesh a dacoit-free state.
The PIL cited data by the Home Department that the figures of persons charged under the Act in six districts, namely Shivpuri, Datia, Gwalior, Bhind, Morena and Sheopur, from 2020 to 2026 are in excess of 1,000.
Now the High Court has asked the state government to take action on the applicability and Constitutional validity of the law.