Jail up to 7 yrs, ₹5 lakh fine key features of cleared Maha security bill

Imprisonment of up to seven years, a fine of up to Rs 5 lakh, classification of offences registered under it as cognisable and non-bailable are key features of a special bill passed by the Maharashtra legislature to curb activities of Left-wing extremist organisations.

The Maharashtra Special Public Security Bill, 2024, passed in the council on Friday and in the assembly on Thursday, introduced strict measures against individuals and organisations involved in activities declared as "unlawful." It will come into force on receiving the Governor's assent.

The most serious offences, such as committing, abetting, or planning unlawful activities on behalf of such organisations, are punishable with imprisonment of up to seven years and a fine of up to Rs 5 lakh. Since all offences under the law are cognisable and non-bailable, police can arrest individuals without a warrant, and courts are not obliged to grant bail, stated the bill. These actions are punishable with imprisonment ranging from two to seven years. Even individuals who are not members (of outfits banned under the new legislation), but are found to be contributing money, soliciting funds, or sheltering members of such organisations can face up to two years in jail and a fine of up to Rs 2 lakh, it stated. The bill allows the government to designate any organisation as unlawful if it is found to disrupt public order, incite violence, promote disobedience to law, or interfere with communication systems.

Once an organisation is declared unlawful, the state is empowered to take possession of its properties, seize its assets, and prohibit access to its funds, it said. Offences under the bill include being a member of an unlawful organisation, attending or promoting its meetings, helping to manage its affairs, or participating in any unlawful activities linked to the organisation. It authorises the government to take strict action against properties and financial resources of unlawful organisations. This includes taking over buildings used by these groups, evicting those occupying such spaces, confiscating movable property found at those locations, and freezing or forfeiting organisational funds. Before an organisation is officially declared unlawful, the government's decision must be reviewed and approved by an advisory board constituted under the bill. The declaration comes into effect only after the board gives its clearance. The law also limits the role of courts in challenging the government's actions under this legislation. Judicial review is barred except in matters related to the forfeiture of funds, which may only be contested before the High Court, the bill said. Despite criticism, the BJP-led Mahayuti government has defended the need for such a stringent bill, arguing it will enable more effective action against threats to public order specific to the state.