Maharashtra govt plans stringent Public Security Act

The state prosecute those found aiding or abetting subversive activities under the Unlawful Activities Prevention Act (UAPA), however there have been negligible convictions under the act, says the a senior police officer.

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Maharashtra Government is planning to bring stringent public security acts, as Unlawful Activities Prevention Act (UAPA) has proved to be in effective in dealing with crime and has low conviction rate.

MAHARASHTRA is considering enacting a stringent Public Security Act on the lines of the one existing in Chhattisgarh to rein in “frontal organisations”of subversive movements.

A draft proposal was sent for consideration of the Home Ministry about a fortnight ago by Gadchiroli police, sources told The Indian Express.

“Currently, the state is using Unlawful Activities Prevention Act (UAPA) to prosecute those found aiding or abetting subversive activities. It is awfully inadequate to convict frontal activists. There have been negligible convictions of such people under UAPA. That’s why need was being felt for a long time for an Act to deal with such forces in an effective manner,” a senior police official told The Indian Express. “The draft proposal is exactly like the one in force in Chhattisgarh,” he added.

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While UAPA requires a go-ahead from the home department for prosecution of anyone found to be actively supporting Naxals through the smokescreen of frontal organisations, the new proposed Act seeks to empower the district collector to grant permission, making it easy for the police to move against the targets. Also, the state could ban any organisation it rules as helping the subversive cause directly or indirectly. Now, any such ban has to be notified in UAPA notification published by the Centre.

“The Supreme Court has made it clear that mere possessing literature of banned organisation or being sympathetic to its ideology is no ground to indict anyone. Under the new Act, the state could ban any organisation it rules to be unlawful. Automatically, anyone participating in direct or indirect way to the cause would also be liable to be prosecuted,” said another senior official.

The punishment accruing to such persons, whether members of the organisations or not, would range from two to seven years. The offences would be non-bailable.

The new proposed draft Act lays stress on confiscation of properties of anyone found helping banned organisations. “The idea is to choke the finances of the subversive organisations,” the official said.

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The proposed Act would not make it binding on the state to cite reasons for banning an organisation but would provide for a hearing to the organisation against the ban by a panel of three past or present HC judges.

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