Citing ‘Naxalism in urban areas’, Maharashtra Govt tables Bill

The Bill defines an “unlawful activity” as one which constitutes a danger or menace to public order, peace and tranquility; interferes with maintenance of public order, “administration of law or its established institutions and personnel”; designed to show criminal force to any public servant; indulging in or propagating acts of violence, vandalism, use of firearms, explosives or disrupting communications by rail, road, air or water; “encouraging or preaching disobedience to established law and its institutions”; collecting money or goods to carry out unlawful activities.

All offences under this law will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of a Sub-Inspector, says the Bill.

Specifying the punishment for offences, the Bill states:

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

* “Whoever, not being a member of an unlawful organisation in any manner, contributes or receives or solicits any contribution or aid for such organisation or harbours any member of such organisation, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to fine up to Rs 2 lakh.”

* “Whoever manages or assists in the management of an unlawful organisation or promotes or assists in promoting a meeting of any such organisation or any member thereof or in any way indulges in any unlawful activity of such organisation in any manner or through whatever medium or device, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine up to Rs 3 lakh.”

* “Whoever commits or abets or attempts to commit or plans 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.”

According to the Bill, an advisory board will be set up comprising three persons “who are or have been or qualified to be appointed as judge of the high court”. Within six weeks of declaring an organisation as unlawful, the government will have to make a reference to the board, which will then have to submit a report within three months after going through the evidence placed before it and hearing the persons involved in the organisation. If the board fails to find sufficient cause for terming an organisation as unlawful, the government will revoke the notification.

If an organisation has been declared as unlawful, the District Magistrate or Commissioner of Police can notify and “take possession of” any place “used for its activities”. This can include movable property “including moneys, securities or other assets found therein,” it says.

It adds that “where the government is satisfied after such enquiry as it may think fit, that any moneys, securities or other assets are being used or intended to be used for the purpose of an unlawful organisation, the government may… declare such moneys, securities or other assets… to be forfeited to the government.”

A revision petition against the government’s action can be filed with the high court, it says.

“The menace of Naxalism is not only limited to remote areas of the Naxal-affected states, but its presence is increasing in the urban areas also through the Naxal frontal organisations. The spread of active frontal organisations of Naxal groups gives constant and effective support in terms of logistics and safe refuge to their armed cadres,” states the Bill’s “statement of objects and reasons”.

“The seized literature of Naxals shows ‘safe houses’ and ‘urban dens’ of the Maoist network in the cities of the state of Maharashtra. The activities of Naxal organisations or similar organisations through their united front are creating unrest among common masses to propagate their ideology of armed rebellion against the constitutional mandate and disrupts public order,” it adds.

Saying that such organisations need to be controlled by effective legal means, it adds that the “the existing laws are ineffective and inadequate to tackle this menace of Naxalism”.

It says the Union Ministry of Home Affairs (MHA) has issued directions, from time to time, for “implementation mechanism for countering activities of such organisations in urban areas and choking of flow of funds to them”. In its guidelines on “security related expenditure” to Maoist-hit states, the MHA has advised enactment of legislation by the states to tackle “unlawful activities” of such organisations, it adds.

“The states of Chhattisgarh, Telangana, Andhra Pradesh and Odisha have enacted the Public Security Acts for more effective prevention of unlawful activities of such organisations and banned 48 frontal organisations,” it says, adding that in the absence of a similar law in Maharashtra, such organisations are “active” in the state.

In November last year, Maharashtra Deputy Chief Minister Devendra Fadnavis, who holds the Home portfolio, had said the state government was studying similar laws in other states.

The Opposition, meanwhile, termed it as a “draconian” measure. “This is nothing but to muzzle protests… The government wanted to present and pass this Bill today itself. We opposed it and requested the Speaker not to push it through. We will oppose the Bill vehemently,” said former Chief Minister and Congress MLA Prithviraj Chavan.