After assembly, bill to curb Left-wing extremism in Maharashtra gets council nod

Mumbai: Amid walkout by the opposition, the Maharashtra Legislative Council on Friday passed a bill which seeks to curb unlawful activities of Left-wing extremist outfits and make offences under it cognizable and non-bailable, a day after it received approval in the assembly.

The Maharashtra Special Public Security Bill was tabled in the upper house by Yogesh Kadam, Minister of State for Home (Urban).

The bill was passed by the assembly on Thursday.

The passage of the bill in both houses of the state legislature paves the way for it to become a law after the Governor's assent.

The bill stated that public order is being jeopardised by unlawful activities of Left-wing extremist organizations or similar organizations and such activities interfere with the administration of law and maintenance of public order.

"It is expedient to enact a new law to provide for effective prevention of certain unlawful activities of Left-wing extremist organizations or similar organizations and for matters connected therewith," it said.

The bill defined unlawful activity as any action taken by an individual or organization whether by committing an act or by words either spoken or written or by sign or by visible representation or otherwise which constitute a danger or menace to public order, peace and tranquillity.

All offences under this Act shall be cognizable and non-bailable. Offences under the law shall only be registered under the written permission by an officer not below the rank of the Deputy Inspector General of Police, who will specify the investigating officer, it said.

An organization shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title by any oral or written declaration but shall be deemed to exist so long as such organization or any member thereof is actually engaged in or continuing in any manner in any unlawful activity, the bill stated.

Stressing the need to bring such a law, state minister Kadam said although the Communist Party of India (Maoist), spearheading the armed insurgency, is a banned outfit, it has sister concerns which work as its front organisations.

Several opposition members questioned the need for a new legislation to counter Naxal activities when stringent laws like the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA) are already in place.

Kadam cited examples to drive home the point that a separate law was needed to tackle the menace.

The minister referred to Deshbhakti Yuva Manch, an organisation run by one Raja Thakur, who he said, joined Naxal ranks and was later killed by security forces.

He also cited the case of Delhi University professor G N Saibaba, who was arrested for his alleged links with Naxals, but acquitted last year by the Bombay High Court.

"He (Saibaba) was arrested, but later acquitted. A person may not indulge in violence directly but may make speeches or organise programmes to spread (extremist Left-wing ideology). There was no violence so UAPA did not apply (in his case). He was acquitted in 2024," Kadam noted.

The Minister of State for Home sought to allay apprehension that the law will be used against organisations who are against the ruling BJP.

The law is only applicable to Left-wing extremist organisations. Action cannot be taken against an individual as the law is meant to ban groups engaging in unlawful activities, he emphasised.

He said there will be an advisory board that will carry out an assessment after the government notifies an organisation as unlawful. The advisory body will comprise a sitting or retired high court judge and a public prosecutor.

To this, Anil Parab (Shiv Sena-UBT) said the advisory body will be "puppets" in the hands of the government and insisted on having a sitting high court judge, and not a retired one, on the board.

The minister pointed out that four states have formulated a similar law.

"There is no political intention behind bringing the law. We have tried to finish Naxalism in jungles, but a law is needed to end urban Naxalism," Kadam argued.

Parab said the bill is political in nature and has been brought in haste.

There has to be clarity on whether the bill is to eliminate Naxalism. Why is the bill only for Left-wing extremism and not for Right-wing extremism as no distinction can be made between the two, the Sena (UBT) MLC remarked.

Abhijeet Vanzari (Congress) questioned the need for such a law when legislations like MCOCA and UAPA already exist in the country.

He demanded that the bill be again sent to the select committee.

Sachin Ahir (Sena UBT) asked whether the bill was brought for people like Kunal Kamra, a comedian who made a video ridiculing Deputy Chief Minister Eknath Shinde a few months ago.

Ahir said many labour organisations have opposed the bill and asked when there were over 13,000 objections and suggestions from civil society groups and individuals, why were they not given a hearing.

Prasad Lad (BJP) targeted the Sena (UBT) for opposing the bill and said Shiv Sena founder Bal Thackeray built the party by finishing the Leftist ideology, a reference to communists in the 1960s.

Sena (UBT) members took objection to it which led to a furore in the House and an adjournment for 10 minutes. The opposition then staged a walkout even as the upper house passed the bill.

Shiv Sena (UBT) chief Uddhav Thackeray, an MLC, was present in the house but did not speak. His son and former minister Aaditya Thackeray, who is an MLA, was in the gallery meant for members to listen to the debate.