Maharashtra assembly passes Public Security Bill; CM says it aims to curb passive militancy

Mumbai | The Maharashtra legislative assembly on Thursday passed the `Maharashtra Special Public Security Bill', which seeks to prevent unlawful activities of Left Wing Extremist organisations with focus on urban Naxalism and "passive militancy".

While tabling the bill, Chief Minister Devendra Fadnavis -- who holds the Home portfolio -- said the government was not against the Leftist ideology or organisations, and did not intend to suppress dissent.

Maharashtra will be the fifth state after Telangana, Andhra Pradesh, Odisha and Jharkhand to enact a special public security law to curb `urban Naxalism'. The bill is yet to be tabled in the legislative council.

Vinod Nicole, the lone Communist Party of India (Marxist) MLA in the assembly, opposed the bill, terming it unconstitutional.

The bill was passed by a voice vote. Speaker Rahul Narwekar declared it to have been passed by a majority.

Chief minister Fadnavis said the bill was cleared with amendments from the joint select committee of both houses of the state legislature.

The law will not be misused, he assured, adding that safety and security of the state and country were important, and to curb the activities of organisations which work against the country's democracy and the Constitution was the need of the hour.

"There will be no abuse of power. It is a balanced law and more progressive than that in force in Telangana, Andhra Pradesh, Odisha and Jharkhand," he said.

There was no dissenting note in the joint select committee, he added.

The government has no intention to suppress dissenting voices, Fadnavis said, appealing the critics of the bill to read it through.

The law is against organisations and not individuals, and intent is important, he said.

The government was not against political parties with Leftist ideology, Fadnavis said.

Even though his government has ideological differences with the Left parties, their leaders practice principled politics, and "we have a lot of respect for them," he said.

''The bill has nothing to do with Left parties. The CPI (Maoists) was banned in 2009. The then government at the Centre asked the West Bengal government headed by Buddhadeb Bhattacharjee to issue a notification banning CPI (Maoist). It was banned under the UAPA (Unlawful Activities (Prevention) Act)," Fadnavis said.

Left Wing Extremism is a legal term which was used even then, he said, adding that the new law will not be used in case of ordinary protest. ''If farmers, or students with Leftist inclination organise protests and if there is violence, the provisions of the Bharatiya Nyaya Sanhita will be applicable (and not the new law)," he clarified.

It was the Congress-led UPA government which in 2014 told the Lok Sabha that Naxalism had shifted to urban areas, and the banned CPI (Maoist) was looking for safe hideouts for its armed cadre. The UPA government had submitted an affidavit in the Supreme Court that to mobilise urban population was the secondary strategy of the Maoists, Fadnavis said.

The bill was aimed at curbing "passive militancy" of the people who do not believe in the Indian Constitution and democracy, the CM said. Maharashtra had active Naxalism in four districts which has been restricted to two talukas now, and will be completely eradicated by the next year, he averred.

Maharashtra has the highest 64 Extreme Left Wing organisations, and some of the outfits banned in the other four states (where a similar law is already in force) operate in Maharashtra, Fadnavis said.

There is documentary evidence to show that these organisations seek to radicalise people and expand their footprint in Mumbai, Pune, Nagpur, Nashik, Amravati, Konkan region, Gadchiroli and create "passive militants", the CM said.

A person can be arrested under the new law if he is a member of a banned organisation, Fadnavis said.

All offences under the new Act will be cognizable and non-bailable.

A ban on an organisation will be notified after applying to an "advisory board" under the law (which will be headed by a retired or serving high court judge, and have a district judge and a high court government pleader as its members) with proof of its illegal activities. Further, a banned organisation can challenge the decision before the high court within a month.

Under the bill, "unlawful activity" is defined as something which constitutes a danger or menace to public order, peace and tranquility, interferes with the maintenance of law and order, administration of law or established institutions and personnel; propagation of acts of violence, generating fear and apprehension in public or encouraging the use of firearms, explosives; collecting money or goods to carry out unlawful activity.

The government will have the power to forfeit the funds of an unlawful organisation.

A mere oral or written declaration or change of office-bearers will not mean that a banned organisation has terminated its existence. It will be deemed to continue in existence as long as it or any of its members continue to commit illegal acts.