Mumbai: NCP (SP) MP Supriya Sule has equated the proposed law against urban naxalism in Maharashtra with the colonial Rowlatt Act, which she alleged might be misused against individuals or organisations critical of the government, effectively creating a police raj. Sule demanded that the government review the draft of the bill and ensure that Constitutional values are not violated.
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.
While re-introducing the bill during the winter session of the state legislature last December, Chief Minister Devendra Fadnavis had said the law was aimed at closing down the dens of urban Naxals, stressing that the proposed legislation was not against suppressing genuine dissenting voices. Sule on Saturday claimed the bill would undermine the fundamental rights of citizens.
“Through this bill, the rights of common people to speak against the government will be taken away. In a truly healthy democracy, dissenting opinions are respected.
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“The principle of democracy also values opposition voices, as they ensure that those in power remain accountable and respect public opinion,” the NCP (Sharadchandra Pawar) working president stated on X. Sule said the definition of “illegal acts” seems to grant unlimited powers to government agencies in the proposed law. “This effectively gives the government a license to establish a Police Raj, which could be misused against individuals, institutions, or organisations that express constructive opposition democratically,” the Baramati MP alleged.
She said the bill undermines the very concept of “We, the People of India”.
Sule said the bill would bestow unchecked powers on the administration which could be misused to harass individuals out of sheer vindictiveness.
“Criticising government policies and decisions, peacefully protesting, or organising marches could all be deemed illegal acts. This bill disregards the principles of ideological diversity and directly infringes upon citizens’ Constitutional rights,” she alleged.
Sule claimed the bill grants the government the power to interfere in certain judicial processes, “posing a direct threat to judicial independence”.
According to Sule, some provisions of the bill encroach upon fundamental Constitutional rights such as freedom of expression, freedom of association, and the right to a fair trial.
“Historically, the British attempted to introduce a similar law (The Rowlatt Act) to suppress opposition during colonial rule,” she alleged.
Sule further said the bill is a “direct denial” of core principles of the Constitution, and we strongly condemn it. We urge the government to review the draft of this bill and ensure that Constitutional values are not violated”.
Fadnavis had told the winter session that a law was needed to tackle naxalism in Maharashtra since the state lacks one.
“We have IPC (Indian Penal Code) and UAPA (Unlawful Activities (Prevention) Act). UAPA is for handling cases related to terror activities,” he had told the assembly.
Fadnavis said Chhatisgarh, Telangana, Andhra Pradesh and Odisha have enacted Public Security Acts for effective prevention of unlawful activities, and banned 48 frontal organisations.
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 see a jail term from three to seven years and a fine of Rs 3 to Rs 5 lakh, it said.
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, the bill said.
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 investigating officer who shall investigate the case.
No court shall take cognisance of any offence except on the report of an officer not below the rank of additional DGP, the bill stated.
The bill was first tabled in July 2024 under the then-Eknath Shinde-led government during the monsoon session. However, it could not be passed at that time.
The re-introduced bill would be referred to the joint select committee of the state legislature so that all doubts related to it can be cleared.
Views of the stakeholders will be considered and the bill will be brought in the monsoon session of the state legislature to be held in July 2025, Fadnavis said.