Aimed at putting check on the activities of overground workers of Naxals in urban areas, Chief Minister Devendra Fadnavis tabled the Maharashtra Special Public Security Bill, 2024, in Maharashtra Legislative Assembly. Tabling the Bill in Assembly on Wednesday, Chief Minister said, “The necessity for the Act is being felt as the urban sleeper cells of Maoists are multiplying very fast, particularly in urban spaces, and that calls for preventive action before it is too late. A plain reading of Bill spells out the intention of State that is concerned over unchecked activities of over-ground workers or sleeper cells of some organisations acting against Constitutional mechanism.” Right now, the State action against such Urban Naxals is either under provision of Indian Penal Code (IPC) or under Unlawful Activities (Prevention) Act (UAPA) but nothing specific relating to curbing the activities of over-ground workers or Naxal sympathisers who, he said, were equally dangerous.

 

Spelling out the intent of State Government, Chief Minister said that while invoking UAPA was alright, its plain reading meant the action of the banned organisation had to be related to acts of terrorism. Many a time, the Supreme Court has struck down the applicability of provisions of UAPA in anti-Naxal action by the State. Therefore, Maharashtra intends to introduce specific legislation relating to tackling the threat of urban Naxals. Already, six States in the country afflicted by menace of Naxalism have separate Acts relating to anti-Naxal action. They are Odisha, Andhra Pradesh, Chhattisgarh, Telangana, Madhya Pradesh and Jharkhand. Post enactment of Public Security Act, these States have banned 48 frontal organisations of Naxals.

 

Those dealing with the Anti-Naxal Operations have been seeking specific legislation for Maharashtra in a bid to counter the activities of Naxal sympathisers in the urban areas and therefore the Special Public Security Act is proposed, Fadnavis stated. Trying to assuage the feelings of the Opposition benches and civil society at large, Fadnavis stated that State Government itself is going to send the draft of the Act to Joint Select Committee which comprises members of both Houses of State Legislature, for its total scrutiny. Even civic society and organisations that fear curbing of freedom of speech by State or crackdown on dissent using the provisions of Special Act, would be able to present their side before the committee, he said.

 

“Till now it was thought that the Maoists movement was limited to remote jungle areas, but now their modus operandi has changed over the years and Urban Naxal pose a grave threat to the Constitution scheme of arrangement. It is well known that in absence of any specific legislation to counter the urban sympathisers, the movement has infiltrated various civil society movement and activity trying to build support espousing the cause of Maoists.” Chief Minister said the stated idea behind bringing the Special Public Safety Act is to empower police to crackdown on ‘safe houses’ and ‘urban dens’ of the Maoist network in the cities. The Bill mentions that Naxal organisation activities are formenting unrest amongst citizens. Especially their united front are propagating their ideology or armed rebellion among common masses which threatens to undermine Constitutional mandate and is aimed at disrupting public order. Due to lacunae in the present laws, the Naxals were getting away in courts which struck down applicability of UAPA in anti-Naxal operations, saying terrorism and Naxalism are not the same.