Special Public Security law needed as Maoist-linked groups active in urban areas: CM Fadnavis

Mumbai: Maharashtra Chief Minister Devendra Fadnavis has said bringing the Special Public Safety Act is necessary as many banned Maoist organisations have shifted their bases to the state, with their affiliated groups now operating in urban areas.

The proposed law does not interfere with the personal freedom of citizens but is directed solely at organisations engaged in anti-national activities, Fadnavis said on Wednesday while interacting with various journalist groups.

He addressed concerns raised over the draft bill, which is set to be introduced in the monsoon session of the state legislature starting June 30.

The law proposed by the Maharashtra government is crucial for ensuring internal security, the CM said, and assured the law will not pose any difficulties for journalists or the general public, nor will it curtail their freedom of expression.

"The proposed Special Public Safety Act does not interfere with the personal freedom of citizens but is directed at organisations engaged in anti-national activities," he said.

Concerns regarding provisions of the proposed Maharashtra Special Public Safety Act have surfaced among journalist organisations.

To address these concerns and illustrate the utility of this law for the country's internal security, a detailed discussion was held during the meeting, according to a statement from the Chief Minister's office.

Fadnavis said four other states and the central government have already implemented public safety laws.

"The law proposed by the Maharashtra government is more protective compared to those enacted by the four other states. In view of the ban on their operations in several parts of the country, many banned Maoist organisations have shifted their headquarters to Maharashtra, with their affiliated groups now operating in urban areas," he said.

"Failing to introduce this law could lead to significant challenges for Maharashtra in the future," the chief minister added.

The bill was introduced during the winter session of the state legislature last December.

The chief minister said to ensure public awareness and transparency regarding the proposed law, the bill was reviewed by a joint committee and a public hearing was conducted.

Fadnavis assured that if journalist organisations propose any amendments or suggestions to this law, appropriate measures will be taken to incorporate them. He further said efforts would be made to clarify provisions of the law.

"If an organisation commits an illegal act detrimental to the nation's security or propagates the ideology of Maoist groups, actions could be taken against such an organisation only after a hearing before an advisory committee comprising three judges, preventing the misuse of the law," said Fadnavis, who also holds the Home portfolio.

Additionally, the CM said police authorities would have to substantiate their claims before this committee, proving the organisation's actions threaten internal security.

"Only upon confirmation would the organisation face action or a ban," he said, reiterating that the law does not target individuals or journalists.

The ‘Maharashtra Special Public Security Bill, 2024’ bill, which will become the first law to tackle Naxalism in the state, proposes to give several powers to the government and the police machinery in combating unlawful activities. All offences registered under this Act will be cognisable and non-bailable.

The bill describes unlawful activities as indulging in or propagating acts of violence, vandalism or other acts generating fear and apprehension in the public.

Indulging in or encouraging the use of firearms, explosives or other devices, encouraging or preaching disobedience to established law and its institutions is also an unlawful activity, it said.

An unlawful organisation is one which indulges in or bets or assists, gives aid, or encourages directly or indirectly any unlawful activity.

Association with an unlawful organisation will attract a jail term from three to seven years and a fine of Rs 3 to Rs 5 lakh, as per the bill.

An advisory board will decide whether or not there is sufficient cause for declaring an organisation as unlawful. It will submit a report to the government in three months.

All offences under this act will be cognisable and non-bailable. The offences will be investigated by a police officer not below the rank of a sub-inspector, according to the bill.

All offences shall be registered under the written permission of an officer not below the rank of deputy inspector general of police who shall also specify the investigation officer who shall investigate the case.