Ban on Maoists: state holds the key

Senior advocate Arunava Ghosh said the notification on banning the CPI(Maoist) would be effective across the country only when the tribunal set up under the Act approves the ban.

If approved by the tribunal,the ban would be effective for two years and the state government will not be required to issue a separate ban order,said Ghosh.

Sovonlal Hazra,a government pleader,said the state government’s role would be crucial in implementing the ban.

“After the notification on banning the CPI(Maoist) by the Union home ministry,the ban becomes effective in all the states. But how exactly the ban would be enforced depends upon individual state governments.”

Ranjan Roy,a senior practising lawyer at the Calcutta High Court and a legal expert on centre-state matters,said the Union government can impose ban on any organisation or outfit suspected of terrorist activities. According to the Act,the state governments will have to issue a notification to implement the ban in its territory. “So,the ban on the CPI(Maoist) would be effective only after a notification by the state government,” Roy said.

The Union home ministry had earlier banned two Maoist outfits – Communist Party of India (Marxist-Leninist) and the Peoples War Group and all its formations and frontal organisations. Both outfits merged in September 2004,leading to the formation of the CPI(Maoist) in October 2004.

The CPI(Maoist) has been active in Jharkhand,Orissa,Bihar,Chhattisgarh,West Bengal and some other states.

A Union home ministry official in Kolkata said the name of the CPI(Maoist) would now be put in the list of 34 other banned organizations,which include the likes of the LeT,Al Qaeda,Al Badr etc.