The Maharashtra Special Public Security Bill, 2024, which was tabled in the Assembly on 11th July, aims to address 'urban naxalism' by proposing stricter measures against unlawful activities carried out by individuals, organisations, and 48 banned frontal organizations. This legislative move comes ahead of the assembly election and draws inspiration from similar laws enacted in Chhattisgarh, Telangana, Andhra Pradesh, and Odisha. These laws are designed to enhance the prevention and control of activities related to naxalism and similar extremist movements. 

The Maharashtra Special Public Security Bill, 2024, introduced by state Minister Uday Samant, aims to combat the activities of 'urban naxals' and similar organisations perceived to threaten public order and peace. The government argues that existing laws are insufficient to address these challenges effectively. 

The Bill defines unlawful activities broadly, encompassing actions that pose a threat to public order, peace, and the administration of law. It specifically targets the activities of naxal organisations and their associated frontal organisations, alleging that these groups are using urban areas in Maharashtra as safe havens and operational bases. The legislation underscores the government's concern about the spread of naxal ideology, which advocates armed rebellion against constitutional authorities. It asserts that such activities disrupt public order and tranquility in the state, necessitating stronger legal measures to curb them. 

Overall, the Bill represents an effort by the Maharashtra government to enhance its legal framework in combating perceived threats from naxalism and similar extremist movements operating within urban areas of the state. 

The bill defines an unlawful organisation as any group that engages in, supports, aids, encourages, or assists directly or indirectly through any means in unlawful activities. It proposes that members participating in meetings or activities of such organisations, or contributing to them, may face imprisonment of up to three years and a fine of up to ₹3 lakh. Additionally, those managing or assisting in the management of such organisations, promoting their meetings, or aiding unlawful activities could also be imprisoned for up to three years and fined up to ₹3 lakhs. 

The legislation grants the government authority to seize funds of unlawful organisations if an inquiry determines that money, securities, or other assets are being used or intended for unlawful purposes. Officials designated for this purpose may enter the premises of individuals under investigation, inspect financial records, and take necessary actions in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023. All offenses under this law are considered serious and will be treated as cognisable and non-bailable. Investigations will be conducted by a police officer of at least the rank of Sub Inspector. 

An Advisory Board, consisting of three individuals who are or have been qualified to serve as High Court Judges, will be appointed by the government. One member will be designated as the Chairperson. 

The Advisory Board will possess powers akin to those granted to a civil court under the Code of Civil Procedure, 1908. These include summoning witnesses, administering oaths for testimony, compelling the production of documents or material evidence, accepting evidence through affidavits, requisitioning public records from courts or offices, and issuing commissions for witness examinations. 

In response, former Chief Minister Prithviraj Chavan expressed strong objections to the hurried motion to table and pass the Maharashtra Special Public Security Bill, 2024. He emphasised that since the Bill had not been circulated in advance, members should be given a day to review and discuss its provisions before any decision is made. He urged Speaker Rahul Narwekar to refrain from including both the Maharashtra Special Public Security Bill, 2024, and its passage on the day's agenda. 

Image Source:  Deccan Herald