The Maharashtra government has tabled a bill, the Maharashtra Special Public Security Act, 2024, which lets the state label any group as an illegal group by notification in the official Gazette.
According to the draft bill, the ‘organisation’ means ‘any body or group of persons, whether known by any distinctive name or not..whether governed by any written constitution or not..”
The bill provides that ‘ ‘unlawful activity‘ ‘would mean any action that ‘constitutes a danger or menace to public order, peace and tranquility, interferes or tends to interfere with maintenance of public order,interferes with or tends to interfere with administration of law or its established institutions and personnel…. Of indulging in or propagating, acts of violence, vandalism, or other acts generating fear and apprehension in the public.. or encouraging or preaching disobedience to established law.”
The bill states that a member of an ‘unlawful organisation takes part in meetings or activities of any such organisation or contributes or receives or solicits any contribution he shall be punished with imprisonment for a term which may extend to three years and shall be liable to fine upto ₹3 lakh.
It also prescribes a similar term for anyone who ‘manages or assists in the management of an unlawful organisation or promotes or assists in promoting a meeting of any such organisation.. through whatever medium or device shall also be punished with imprisonment of three years and a fine of ₹3 lakh.
Those who commits or attempts to ‘commit any unlawful activity of such lawful organisation, shall be punished with imprisonment for a term which may extend to seven years and also be liable to a fine up to ₹5 lakhs’.
The bill allows the District Magistrate or the Commissioner of police to notify and take possession of ‘any place which in his opinion is used for the activities of such unlawful organisation.’
Once notified, the DM or the Commissioner of Police (CP) can ‘evict any person’ found’ in the notified place. It says, “any such place contains any apartment occupied by women or children, reasonable times and facilities shall be provided for their withdrawal with least possible inconvenience’.
It’s not just the immovable property the draft bill allows the state to ‘take possession of movable property including moneys, securities or other assets found therein. The draft bill also allows the assets confiscated to be ‘forfeited to the government’ if the District Magistrate or Commissioner of police are of the opinion that the confiscated assets ‘may be used for or in aid of purposes of the unlawful organisation’.
