Bengal clears bill allowing year-long preventive detention for ‘anti-social’ acts
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Kolkata: The West Bengal Assembly on Monday passed a bill that allows preventive detention of persons labelled as “anti-social” for up to one year. The legislation also states that detainees will not be permitted to be represented by a lawyer before the panel reviewing their detention, except in certain cases.
The bill, titled the 'West Bengal Public Safety and Control of Anti-Social Activities Bill', allows the state government to order preventive detention if a person is “generally reputed to be desperate and dangerous to the community”.
According to reports, every detention case will be reviewed within three weeks by an advisory board headed by a serving or former High Court judge. The board will decide whether the person should continue in custody or be released.
The bill empowers district magistrates, commissioners of police, or state-authorised police officers of at least the rank of deputy inspector general to issue detention orders.
The legislation also expands the definition of “anti-social activities” to include organised extortion, obstruction of business and other acts that create fear or insecurity among the public.
Under the bill, police will have the power to conduct raids, seize property and make arrests in cognisable and non-bailable offences. It also makes it an offence to shelter or assist persons against whom detention or externment orders have been issued.
The Assembly also passed the 'West Bengal Maintenance of Public Order Amendment Bill', which requires those found responsible for damaging public or private property during riots or unlawful assemblies to pay compensation.
The bill proposes the formation of a Claims Commission to assess losses and determine compensation. If the compensation remains unpaid, authorities can recover the amount through attachment and auction of property.
The legislation holds not only those directly involved in violence responsible, but also organisers, financiers, instigators and those providing logistical support liable for compensation.
Chief Minister Suvendu Adhikari said the two bills were necessary due to the “criminalisation of politics”. He asserted that the law would not be used against anyone for political vendetta.
Several Opposition MLAs raised concerns, alleging that the provisions could restrict peaceful protests and student movements.
Trinamool Congress MLA and former Indian Police Service officer Prasun Banerjee described some provisions of the bill as “scary” and said the legislation would not withstand judicial scrutiny.
Defending the bills, State Parliamentary Affairs Minister Sankar Ghosh said “anarchy” had prevailed in the state because of the Trinamool Congress’s 15-year rule.
“Right to protest can be a fundamental right, but right to destroy public property cannot be a right,” he said.