Maha govt refers bill to check urban naxal menace to joint select committee

Nagpur, Dec 18 (IANS) Chief Minister Devendra Fadnavis on Wednesday tabled the Maharashtra Special Public Security Bill in the state assembly and said that it aims to contain urban naxal menace and provide more effective prevention of certain unlawful activities of individuals and organisations in the state. 

He said that the bill is not aimed to suppress genuine dissent but to weed out the urban naxal bastions.

He also announced that the bill is being referred to the joint select committee to address the doubts of various organisations and later get the bills passed in the monsoon session of the state legislature in July.

The bill proposes jail terms and penalties payable by unlawful organisations and powers to take possession of places and forfeit funds. The bill is crafted along the lines of the Public Security Act passed by Chhattisgarh, Telangana, Andhra Pradesh, and Odisha for effective unlawful activities of naxal frontal organisations or similar ones.

The government has said the legislation was necessary to control the unlawful activities of frontal organisations by effective legal means as the existing laws are ineffective and inadequate to tackle the naxal menace.

‘’The seized literature of naxals shows 'safe houses' and 'urban dens' of the Maoist network in the cities of Maharashtra. The activities of naxal organisations or similar ones through their united front are creating unrest among common masses to propagate their ideology of armed rebellion against the constitutional mandate and disrupting public order in the state,’’ reads the Bill.

The unlawful activity means any action that constitutes a danger or menace to public order, peace and tranquility or interferes or tends to interfere with the maintenance of public order or interferes or tends to interfere with the administration of law or its established institutions and personnel.

Further, unlawful organisation means an organisation which indulges in or has in pursuance of its objects abets or assists or gives aid or encourages directly or indirectly through any medium, devices or otherwise, any unlawful activity.

If a member of an unlawful organisation takes part in meetings or activities of any such organisation or contributes or receives or solicits any contribution, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine up to Rs 3 lakh.

Those who manage or assist in the management of an unlawful organisation or promote or assist in promoting a meeting of any such organisation or any member indulging in any unlawful activity shall be punished with imprisonment for a term which may extend to three years and liable to fine up to Rs 3 lakh. Those who commit or abet or attempt to commit or plan to commit any unlawful activity of such unlawful organisation shall be punished with imprisonment for a term which may extend to seven years and also be liable to fine up to Rs 5 lakh, the Bill says.

If the organisation has been declared unlawful one by the government and later confirmed by the Advisory Board, the District Magistrate (DM) or the Commissioner of Police (CP) may notify and take possession of places used for unlawful activities and evict any person found in this connection. The DM or CP while taking possession of notified places shall also take possession of movable property including money, securities, or other assets.

Further, the government will have the power to forfeit funds of an unlawful organisation if found in the inquiry that money, securities or other assets are being used or intended to be used for an unlawful organisation. The government will have powers whereby the officer selected may enter upon any premises of the person to whom the order is directed, and examine the books of money, securities or other assets which are being used or are intended to be used for unlawful organisation.

A copy of an order may be served as per the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. All offenses under the legislation shall be cognizable and non-bailable and they shall be investigated by a police officer, not below the rank of a sub-inspector.