In a big move to curb alleging ‘syndicate culture‘ in the state, the Suvendu Adhikari government in West Bengal is all set to introduce a stringent new legal framework on Monday, aimed at strengthening action against anti-social elements and criminal networks.
The West Bengal Public Safety and Control of Anti-Social Activities Bill which intends to check extortion, land grabbing and organised criminal activities, accusations that the BJP had levelled against the previous Mamata Banerjee-led Trinamool Congress regime, will be tabled in the assembly.
The bill seeks to grant extensive powers to law enforcement agencies and the administration to act against anti-social elements and organised criminal networks.
The legislation not only targets individuals directly involved in criminal activities but also seeks action against those accused of providing shelter or assistance to such persons and help them evade authorities.
The bill mentiones that if a person knowingly shelters, hides or assists someone against whom detention or externment orders have been issued under the law, criminal proceedings can be initiated against the individual concerned. Upon conviction, such offences could attract imprisonment of up to two years along with substantial fines.
Interestingly enough the legislation also provides a legal definition of the term “goonda”. The draft bill mentions that a person may be designated as a goonda if he or she habitually engages in anti-social activities individually or as a member or leader of a gang, group or syndicate.
The bill covers offences under several existing laws, including the Arms Act, the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Immoral Traffic Prevention Act, the Explosives Act and serious provisions of the Bharatiya Nyaya Sanhita (BNS).
Activities such as creating public disorder, spreading fear among citizens, disrupting businesses, illegal occupation of land or property, destruction of public and private assets, illegal mining, unauthorised sand and stone extraction and destruction of forest resources have also been brought within its ambit.
Offences under the proposed law would be categorised as cognisable and non-bailable. This would empower police to make arrests without warrants and restrict the possibility of securing immediate bail through courts.
The bill also proposes preventive detention provisions granting significant powers to the state government and senior administrative officials.
Authorities including the Police Commissioner, District Magistrate and officers of Deputy Inspector General of Police (DIG) rank would be empowered to detain individuals for up to 12 months if they believe a person poses a threat to public safety or may engage in anti-social activities.
To prevent possible misuse of such powers, the bill proposes the constitution of an Advisory Board headed by a sitting or former High Court judge.
Cases involving detention would have to be referred to the board within three weeks, and if sufficient grounds for detention are not found, the individual concerned would be released.
The draft legislation further authorises police and administrative officials to conduct searches at suspected locations, stop and search persons or vehicles, and seize money, documents and properties allegedly linked to anti-social activities or acquired through illegal means.
According to sources in the state administration, existing criminal laws have often proved inadequate in dealing with organised offences such as extortion, syndicate operations and land grabbing, with offenders allegedly exploiting legal loopholes.
The proposed legislation, officials claim, is intended to strengthen enforcement mechanisms and tackle organised crime more effectively.