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Source- This post on the Maharashtra Special Public Security Bill, 2024 has been created based on the article “Is the Maharashtra Special Public Security Bill draconian?” published in “The Hindu” on 26 July 2024.
Why in the news?
Recently, the Maharashtra government introduced the Maharashtra Special Public Security Bill, 2024 in the Assembly. The Bill allows the State to declare any organisation as ‘unlawful’, categorizing offences as cognisable and non-bailable.
About Maharashtra Special Public Security Bill, 2024
i) It was introduced to combat the increasing threat of Naxalism, especially in urban areas through Naxal-affiliated organizations.
ii) The state has the authority to declare an organization as “unlawful.” An advisory board of three qualified individuals (current/former/qualified High Court judges) will review such decisions.
iii) Definition of Unlawful Activities:
a. The activities that threaten public order, peace, and tranquility.
b. Interference with the administration of law and public servants.
c. Acts of violence, vandalism, use of firearms, explosives, and disruption of transportation.
d. Encouragement of disobedience to laws and institutions.
e. Collecting funds or goods for unlawful activities.
f. All offences under this law are cognizable and non-bailable. Investigations will be conducted by a police officer not below the rank of a Sub-Inspector.
iv) Punishments:
a. Members of Unlawful Organizations: Imprisonment up to 3 years and fines up to Rs 3 lakh.
b. Non-members Contributing or Aiding Unlawful Organizations: Imprisonment up to 2 years and fines up to Rs 2 lakh.
c. Management or Promotion of Unlawful Organizations: Imprisonment up to 3 years and fines up to Rs 3 lakh.
d. Committing, Abetting, or Planning Unlawful Activities: Imprisonment up to 7 years and fines up to Rs 5 lakh.
v) Seizure and Forfeiture: If an organization is declared unlawful, the District Magistrate or Commissioner of Police can notify and take possession of any place used for its activities. The government can forfeit money and assets intended for unlawful organizations.
vi) Legal Review: An advisory board must review the declaration of unlawful organizations within six weeks and submit a report within three months. The High Court can review government actions through revision petitions.
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