Maharashtra Chief Minister Devendra Fadnavis has strongly defended the proposed Maharashtra Special Public Safety Act, 2024, calling it a necessary step to address the rising threat of Maoist and anti-national activities in urban areas of the state.
Speaking to various journalist associations in Mumbai, Fadnavis clarified that the bill is not designed to curtail personal liberties or press freedom, but to target unlawful organisations working against the country’s interests.
What CM Stated?
Fadnavis explained that several banned Maoist organisations, facing restrictions in other states, have relocated their base of operations to Maharashtra, particularly to its cities. He stated that these groups are attempting to rebuild their networks through urban sleeper cells and front organisations that spread Maoist ideology under the guise of civil society activism.
“In the absence of a robust legal framework, Maharashtra is vulnerable. Failing to act now will only compound the challenges ahead,” the Chief Minister warned.
He pointed out that similar public safety laws are already in place in four other states and at the national level, arguing that Maharashtra’s version of the law has stronger protections and is less prone to misuse.
Clarifications On Scope & Safeguards
In response to concerns raised by journalist groups, Fadnavis reiterated that the law is not intended to stifle dissent or free speech. “This bill will not affect journalists, civil society members, or ordinary citizens who are not involved in any unlawful or anti-national activity,” he said.
To promote transparency and public trust, the bill underwent a joint legislative committee review and a public hearing process. Fadnavis assured that the government remains open to incorporating suggestions and amendments proposed by media organisations or public representatives.
Advisory Board To Prevent Misuse
One of the core safeguards built into the legislation is the creation of a three-judge advisory board, which will examine whether an organisation truly engages in activities deemed unlawful or dangerous to internal security.
Key Conditions
No organisation can be declared unlawful without a hearing before the advisory board.
Police must present substantial evidence that the group is involved in activities like propagation of Maoist ideology, use of explosives or arms, or inciting disobedience against legal institutions.
The final recommendation of the advisory board must be submitted to the government within three months of the case being referred.
According to the proposed bill, unlawful activities include a wide range of actions that pose a threat to public order or national security, such as:
- Inciting or indulging in violence or vandalism
- Promoting ideologies that threaten national unity
- Possessing, distributing, or encouraging the use of firearms, explosives, or other weapons
- Encouraging disobedience to the law and government institutions
- Organisations involved in or supporting such activities—directly or indirectly—can be declared “unlawful.”
- Penalties under the act include:
- Imprisonment of 3 to 7 years
- Fine ranging from ₹3 to ₹5 lakh
- All offences will be cognisable and non-bailable
Filing of cases will require written approval from a police officer not below the rank of Deputy Inspector General (DIG), who will also designate the officer responsible for the investigation.
Judicial Oversight
Fadnavis assured that the checks and balances included in the bill are designed to prevent arbitrary action or abuse of power. By involving the judiciary through an independent advisory board, the government aims to balance national security needs with individual rights.
“Action will only be taken after all evidence is reviewed and the board confirms that the organisation’s activities pose a clear threat to internal security,” Fadnavis said.
Journalist Community Voices Concerns
Several journalist organisations have expressed concerns about ambiguity in certain clauses of the bill, fearing that broad definitions of “unlawful activity” could potentially be misused to silence dissent or investigative journalism. Some demanded further clarity and specificity to protect constitutional rights.
In response, Fadnavis reiterated the government’s willingness to revisit the language of the bill. “We are open to reviewing the draft. If journalists or civil liberties groups have recommendations, we will work with them to ensure that legitimate concerns are addressed,” he said.
Political & Legal Implications
If passed, the Maharashtra Special Public Safety Act, 2024, would be the first legislation in the state specifically targeting Naxalism and urban insurgency. The bill also positions the state government to play a larger role in national security, as coordination with central agencies is expected to increase.
Legal experts note that while the bill provides broad powers to police and the state, the inclusion of judicial oversight and written permissions for investigations may reduce the risk of misuse. However, they caution that continuous public and judicial scrutiny will be essential.
More Into The Case
The bill was introduced during the winter session of the state legislature last December and is scheduled to be tabled for passage during the upcoming monsoon session, beginning June 30.
Fadnavis concluded his remarks with a call for public support and responsible discourse, emphasizing that the law is not about political agendas but about securing Maharashtra’s future from threats that are evolving and growing in the shadows.
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