6 Naxal-linked outfits active in Maharashtra already banned in other states: CM on security bill

The bill, which seeks to prevent unlawful activities of Left Wing Extremist organisations with a focus on urban Naxalism and “passive militancy”, has been passed by the assembly. It is expected to be tabled in the legislative council soon.

Mumbai: Maharashtra Chief Minister Devendra Fadnavis on Friday hailed the assembly nod to the bill on curbing activities of Left-wing extremist outfits, saying it was needed to crackdown on such groups operating in the state but banned elsewhere, and sought to allay fears of its misuse.

Fadnavis pointed out that there are at least six organisations that are banned in other states, but are still operating in Maharashtra and maintained the ‘Special Public Security Bill’ has enough legal safeguards built within it.

The CM, who holds the home portfolio, emphasised the need for the special bill, which focuses on curbing urban Naxalism and “passive militancy”, and explained limitations of stringent laws like the Unlawful Activities (Prevention) Act and Maharashtra Control of Organised Crime Act (MCOCA) in tackling extremist outfits.

"I am happy that the Maharashtra Special Public Security Bill, 2024, which was introduced during the Winter Session in December last year, was cleared by the assembly on Thursday," Fadnavis told reporters at Vidhan Bhavan in south Mumbai. It will now be tabled in the legislative council.

Asked how many organisations might be affected once the bill becomes a law, Fadnavis said, "There are 64 organisations operating in Maharashtra, of which six are already banned in other states under similar laws."

This bill will allow the government to act against organisations that are challenging the constitutional structure prepared by Dr Babasaheb Ambedkar, he contended. Fadnavis noted there was no direct opposition to the bill in the assembly.

"I am pleased that nobody opposed the bill directly. There were several suggestions, and many were incorporated," he said. Speaking in the assembly on Thursday, Fadnavis said Maharashtra had the highest 64 Left-wing extremist organisations, and some of the outfits banned in four other states (where a similar law is already in force) still operated in Maharashtra.

The chief minister had said the bill provides a legal framework to act against certain organisations that seek to reject the Constitution despite presenting themselves as constitutional and democratic. Fadnavis said the Centre had asked all states affected by Naxal activities to pass such a law.

"We have slowly ended the Naxal movement, which used weapons in forests and rural areas. These groups then started creating urban fronts. The names of these organisations appear constitutional, but their real objective is to reject the Constitution. Until now, there was no legal framework to act against them. With this bill, we now have the means," he had said. Fadnavis reiterated the bill won't affect the rights of people or groups to protest.

"This bill does not take away anyone's rights to hold protests or demonstrations. It aims to specifically target those with links to banned front organisations of Maoist and Naxal movements. Four states in the country have already passed similar legislation. People are still free to organise rallies and morchas," he averred.

Nearly 12,000 suggestions were considered by the joint select committee entrusted with drafting the bill. The committee, headed by Revenue Minister Chandrashekhar Bawankule, included members of both the Houses of the state legislature, Fadnavis told the assembly on Thursday. On a question on existing laws such as the UAPA and MCOCA, the chief minister on Friday explained their limitations in curbing activities of Left-wing extremist outfits in Maharashtra.

"The UAPA cannot be applied unless a terror angle is established. MCCOA cannot handle such cases either because it deals with individuals and not organisations. I have presented the legal logic of this bill and explained how it cannot be misused," Fadnavis said.

Explaining the legal safeguards in the proposed legislation, he told reporters, "Under this bill, permission must be sought from a judge before any action is taken against an organisation. In other existing laws, action is often taken first, and then the matter is brought before a judge. Here, a DIG-level officer must present the case before a board, which includes a sitting or retired High Court judge, a district judge, and others. Only after the board grants approval can action be taken."

The bill will allow authorities to ward off any challenge posed to the Constitution, he stressed. "The Congress-led UPA government had earlier shared (certain) information in the Rajya Sabha and through affidavits in the Supreme Court. I placed those details before the assembly. This bill will allow us to act against organisations that are challenging the constitutional structure prepared by Dr Babasaheb Ambedkar, which forms the foundation of our democracy," the CM insisted.