Maha Assembly passes amended Bill to check illegal activities of left-wing extremists (Ld)

Mumbai, July 10 (IANS) The Maharashtra Legislative Assembly on Thursday passed by voice vote the Maharashtra Special Public Security Bill, 2024, tabled by Chief Minister Devendra Fadnavis as per the joint select committee’s report.

The bill, which was presented in the winter session last year, was referred to the revenue minister Chandrashekhar Bawankule-led joint select committee, which suggested amendments in its report.

The revised bill presented by the chief minister aims to prevent certain unlawful activities of left-wing extremist organisations or similar organisations. There has been no dissent note in the joint select committee report. The CPM member Vinod Nikola had opposed the bill.

CM Fadnavis strongly defended the tabling of the amended bill, saying that it is not to harass anyone, but it is against those who incite people against the Indian Constitution. No action can be taken against any journalist or political leader. The bill is for the security of the country, the state and against those who want to declare war against the Indian Constitution.

Fadnavis clarified that the bill is not against a party pursuing left ideology. It is not against left parties to function. The bill has nothing to do with left parties like CPI and CPM, and the government respects their leaders. He clarified that the bill is not against individuals but against the organisation, saying that organisations representing farmers and others have the right to take morchas, and they will not attract action under the bill.

“If the organisations have a motive to demolish the established institutions of the country, they will face the action,” he added. CM Fadnavis said that 48 organisations have been banned by Telangana, Andhra, Odisha, and Jharkhand, applying provisions under a similar act there. He added that financing the organisations promoting anti-national activities will attract action as per the provisions of the amended bill in Maharashtra. “There will be no misuse of the act,” he added.

As per the amendment suggested by the joint select committee, earlier the bill was called "A Bill to prevent illegal activities of individuals and organisations", but it has now been amended to read as a "Bill to prevent illegal activities of extremist, left-wing extremist organisations or similar organisations".

There is an amendment to the objective from 'certain unlawful activities of individuals and organisations' to 'certain unlawful activities of left-wing extremist (LWE) organisations or similar organisations.'

As per the amendment suggested by the joint select committee, the bill proposes the establishment of the advisory board, which will declare a particular organisation as unlawful, will have a working High Court justice or retired justice, a retired district judge and a public prosecutor of the High Court. The high court justice or retired justice will be the chairperson of the committee. Earlier, the advisory board was made up only of a high court justice or retired justice or those who are of equal qualification.

Further, the bill proposes that the investigation officer of crimes will be no less than a Deputy Superintendent of Police. The committee members had pointed out during meetings that the cases registered under the UAPA and Prevention of Atrocities Act are probed by an officer of the rank of no less than da eputy superintendent of police.

Earlier, the investigation was to be carried out by a Police sub-inspector rank officer. The bill said unlawful activity means any action taken by an individual or organisation, whether by committing an act or by words, either spoken or written or by sign or by visible representation or otherwise. Unlawful activity constitutes a danger or menace to public order, peace and tranquillity, which interferes or tends to interfere with the maintenance of public order or which interferes or tends to interfere with the administration of law or its established institutions and personnel.

According to the bill, unlawful organisation means any 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 the government is of opinion that any organisation is or has become an unlawful organisation, it may, by notification in the official gazette, declare such as organisation to be an unlawful organisation. Any organisation declared as an unlawful organisation may make a representation to the government within 15 days from the date of publication of notification or from the date of receipt or affixture thereof. The government shall place such representation before the Advisory Board for its consideration,” the bill said.

The Advisory Board shall consist of a chairperson who is or has been a judge of the High Court and two members, of whom one shall be a retired district judge and another shall be a government pleader of the High Court, appointed by the state government. After the organisation has been declared as an unlawful organisation, the district magistrate or the commissioner of police within their respective jurisdiction may notify any place which is, in their opinion, used for the activities of such unlawful organisation. Thereafter, they will have the power to notify and take possession of places used for the purpose of unlawful activities.

--IANS

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