New Delhi: Jail term even for those who aren’t members of “unlawful organisation” but “contribute/ receive/ solicit any contribution or aid” or “harbour” members — this is what the Maharashtra Special Public Security Bill tabled by the state government Thursday against Naxalites and sympathisers, seeks.
Moreover, those who are found to be “promoting or assisting in promoting meetings” of such groups will also be punished.
The bill, tabled highlighting the “menace of Naxalism” in urban areas through Naxal front organisations, proposes a jail term of up to seven years and fine of Rs 5 lakh for anyone who “commits or abets or attempts to commit or plans to commit any unlawful activity of such unlawful organisation”.
An organisation can be declared “unlawful” by the state and this decision can be reviewed by an advisory board which is also set up by the state government. The bill notes that seized literature from “Naxals” have shown “safe houses and urban dens of the Maoist network” in order to propagate their ideology of armed rebellion against the constitutional mandate”.
The advisory body will comprise three persons “who are or have been qualified to be appointed as a judge of the high court”.
ThePrint takes a look at what the new bill seeks and the punishments it specifies. Other states like Chhattisgarh, Telangana, Andhra Pradesh and Odisha have already enacted public security acts for their respective governments for prevention of unlawful activities and banned 48 such “unlawful organisations”.
CPI(M) State Secretary Dr Uday Narkar told the media that with the new bill, the BJP-led alliance government has “trampled” on citizens’ democratic right to protest.
The Opposition has also termed the bill as “draconian” and claimed that through it, the ruling government is raising the “urban Naxal bogey” to suppress the Opposition in a run up to the state Assembly polls.
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Seizing assets & punishments for aiding
This bill, if passed into an act, will now also allow authorities like the district magistrate or commissioner of police to notify and “take possession of” any place used for (unlawful) activities, which may include movable property including money, securities and other assets.
The bill notes, “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.”
If passed, all offences under this act shall be cognisable and non-bailable and shall be investigated by officers not below the rank of a sub-inspector.
Under this act, “unlawful activity” would be defined as activities which constitute danger to public order, peace and tranquillity, interferes with maintenance of public order, law and administration and is designed to show criminal force to any public servant or propagating acts of violence and vandalism, encouraging or preaching disobedience to established law and its institutions, and collecting money or goods to carry out unlawful activities.
Further, the bill states that “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” will be punished with a jail term extending up to three years and fine of up to Rs 3 lakh.
Those not a member of the unlawful organisation in any manner but who “contributes or receives or solicits any contribution or aid for such organisation or harbours any member of such organisation” will be punished with imprisonment up to two years and be liable for a fine of up to Rs 2 lakh.
The bill mentions that the Union ministry of home affairs has issued time to time directions for implementation mechanisms for “countering activities of such organisations in urban areas and choking the flow of funds to them”.