Maharashtra Special Public Security bill passed by assembly; CM assures it won't be misused

Mumbai: The Devendra Fadnavis-led Maha Yuti-NDA government on Thursday introduced and passed the amended Maharashtra Special Public Security Bill, which aims to combat the menace of Left Wing Extremism in rural areas and its presence and support in urban areas.

All offences, under this new law, would be cognizable and non-bailable.

CM Fadnavis, who is also the state Home Minister and Law & Judiciary Minister, tabled the Jan Suraksha Bill - as it is popularly called - in the Maharashtra Legislative Assembly.

“Rest assured, there is no scope for misuse of the law against any individual. There will be no abuse of power. It is a balanced piece of legislation,” Fadnavis said, adding: “The safety and security of the state and country were important, and to curb the activities of organisations which work against the country's democracy and the Constitution was the need of the hour.”

The Bill, however, does not use the word “Urban Naxal”, specifically.

The Bill is aimed to provide - “more effective prevention of certain unlawful activities of Left Wing Extremist organisation or similar organisations and for matters connected therewith or incidental thereto”.

Speaker Rahul Narwekar said that the Bill was passed by majority.

The Bill will now be tabled in the Maharashtra Legislative Council.

Once the Bill is given assent and becomes an Act, Maharashtra will become the fifth state to have a separate Public Security Act after Chhattisgarh, Telangana, Andhra Pradesh and Odisha.

The Bill, during the winter session in December 2024, was referred to a Joint Select Committee headed by Revenue Minister Chandrashekhar Bawankule, which tabled the report on Wednesday.

After the Bill was tabled, CPI (M) MLA Vinod Nikole opposed it - and hence it could not be passed unanimously.

As per the new changes, a decision by an Advisory Board is now mandatory before declaring any organisation unlawful. This three-member advisory board will include a sitting or retired High Court judge, along with district magistrates or government pleaders.

Besides, while earlier, in the bill, an officer of the rank of Sub-Inspector was authorised to investigate the offence, however, now a officer of the rank of Deputy Superintendent of Police has been empowered to probe offences.

The statement and objects of the Bill mentions: “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 organizations. The spread of active frontal organizations of the naxal groups gives constant and effective support in terms of logistics and safe refuge to their armed cadres. The seized literature of naxals shows “safe houses” and “urban dens” of the Maoist network in the cities of the State of Maharashtra."

It adds that the activities of naxal organizations or similar organizations through their united front are creating unrest among common masses to propagate their ideology of armed rebellion against the constitutional mandate and disrupting public order in the State.

"The unlawful activities of such frontal organizations need to be controlled by effective legal means. The existing laws are ineffective and inadequate to tackle this menace of naxalism,” it stated.

The Joint Select Committee, comprising 25 all-party members including senior opposition leaders like Jitendra Awhad, Satej Patil, Jayant Patil, Vijay Wadettiwar, Shashikant Shinde and Ajay Choudhary. There was no dissent note.

According to Fadnavis, the state received over 12,500 suggestions and objections from various stakeholders.

“We have made the necessary changes as suggested by the opposition. This Bill is not aimed at silencing dissent but at protecting the democratic framework from groups who do not believe in democracy and wish to overthrow the system by misleading youth, especially in urban areas," Fadnavis said.

Fadnavis pointed out that Left-Wing extremism in Maharashtra has shrunk from five districts to just two talukas, its strategies have evolved.

“In urban areas, Maoists are brainwashing youngsters and creating unrest against the system. This law will help tackle that threat effectively," he asserted.