WB Assembly passes Bill allowing preventive detention of 'goondas' for up to one year without trial

The Bill was passed with the support of 176 MLAs, while 41 voted against it. Twenty legislators belonging to the Mamata Banerjee camp abstained from voting.
West Bengal Assembly.
West Bengal Assembly.(File Photo)
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KOLKATA: In a bid to curb organised anti-social activities across the state, the newly formed BJP government in West Bengal, led by Chief Minister Suvendu Adhikari, on Monday introduced and passed a Bill in the state Assembly providing for preventive detention of up to 12 months without trial.

The West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, tabled by Minister of State for Home Bishal Lama amid protests by opposition MLAs, seeks to deal with organised anti-social activities such as public disorder, vandalism and attacks on police personnel and public servants.

The Bill was passed with the support of 176 MLAs, while 41 voted against it. Twenty legislators belonging to the Mamata Banerjee camp abstained from voting.

According to the Bill, if a District Magistrate, a Commissioner of Police, or a police officer not below the rank of Deputy Inspector General authorised by the state government is satisfied that a "goonda" is engaged in or is likely to engage in anti-social activities, the person may be barred from entering a specified area, district or districts for up to one year.

The legislation, similar in structure to preventive detention laws such as the National Security Act, empowers authorities to direct such persons to leave the specified area within a stipulated time, prohibit them from returning for up to one year and require them to periodically report their movements to designated authorities.

The Bill broadly defines "goondas" to include habitual offenders, members of organised criminal groups and persons involved in offences such as extortion, land grabbing, illegal mining, smuggling of natural resources and crimes under arms, narcotics and explosives laws.

It also grants police extensive powers of search, seizure and arrest, with offences under the proposed law being cognisable and non-bailable.

Speaking during the debate, Adhikari said the legislation was aimed at preventing riots and other forms of violence, while accusing the previous Trinamool Congress government led by Mamata Banerjee of encouraging unrest in the state.

"The first anti-CAA protest march in the country was held in Bengal. The former chief minister had provoked the fire of violence in the state by organising the march between Sinthir More and Shyambazar in Kolkata. Since then, the state is burning. The railway tracks at Chanchal in Malda district were uprooted. Do the Hindus travel by train only? Don't the Muslims?" he said.

The Chief Minister cited several incidents of violence during protests against the Citizenship (Amendment) Act during the previous regime to justify the new legislation.

"Railway station at Beldanga and 500 shops were burnt in the name of anti-CAA protest. Rejinagar railway station was also burnt and 68 shops were looted. Thirty-seven public buses, including 22 state government fleets, were torched at Santragachhi, close to the state secretariat Nabanna. Shops owned by Hindus were also set on fire in the Mothabari area," he claimed.

He also said criminals would be jailed and their assets seized under the new law.

"The criminals will be jailed and their assets will also be seized under this new law. Go to the 'Indi-states' (non-BJP-ruled states) if you want to oppose the Bill," he said, targeting the Opposition.

The BJP government maintained that the existing legal framework was inadequate to deal with organised anti-social activities.

Veteran Trinamool Congress MLA Sobhandeb Chattopadhyay attempted to oppose the Bill but could not speak because of repeated disruptions in the House.

Opposing the legislation, Indian Secular Front (ISF) MLA Nawsad Siddiqui said the law vested excessive powers in the police.

"Police have been given power to arrest any person who looks suspicious in the eyes of police. Won't the police arrest opposition members if they oppose the government? I want people who are genuinely proved guilty in any crime to be arrested, but not the innocent," Siddiqui said.

Several BJP legislators, including ministers Shankar Ghosh and Agnimitra Paul, also spoke in support of the Bill.

The Assembly also passed a second Bill to amend the West Bengal Maintenance of Public Order Act, 1972, introducing a mechanism for recovering compensation for damage caused during riots, arson, violent protests and public disorder.

West Bengal Assembly.
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