In a sweeping move that signals zero tolerance for crime, the government led by Suvendu Adhikari is set to criminalise not just offenders, but also those who shelter or assist them, under a proposed stringent new law aimed at dismantling Bengal’s entrenched “syndicate raj.”
The proposed legislation, titled The West Bengal Public Safety and Control of Anti-Social Activities Bill, is scheduled to be tabled in the Legislative Assembly on Monday. Once enacted, it will empower authorities to take direct action against individuals who hide, protect, or help accused criminals evade law enforcement.
Under one of its most stringent provisions, any person found sheltering or aiding an individual already under a detention or externment order could face up to two years of imprisonment along with a substantial fine. The provision makes it clear: accountability will extend beyond the accused to anyone enabling them.
The Bill introduces a detailed legal definition of a “goonda,” categorising individuals who habitually engage in anti-social activities—either independently or as part of gangs, syndicates, or organised groups. It brings a wide range of offenses under its ambit, including violations of serious sections of the Bharatiya Nyaya Sanhita (BNS), as well as crimes under the Arms Act, NDPS Act, Immoral Traffic (Prevention) Act, and Explosives Act.
Additionally, acts such as disturbing public order, spreading panic, obstructing trade, illegal land occupation, property damage, and involvement in illicit mining or forest resource exploitation will be treated as punishable offenses under this law. All offenses will be cognisable and non-bailable, allowing police to arrest without a warrant and making bail difficult to obtain.
A key feature of the Bill is the provision for preventive detention. Authorities—including the state government, Police Commissioner, District Magistrate, or officers of DIG rank—will have the power to detain individuals for up to 12 months if they are deemed a threat to public safety or suspected of potential involvement in anti-social activities.
To safeguard against misuse, an Advisory Board chaired by a sitting or former High Court judge will review each detention within three weeks. If the Board finds insufficient grounds, the detained individual must be released.
The legislation also grants sweeping powers to law enforcement agencies, including the authority to conduct searches of suspected locations, stop and inspect individuals or vehicles, and confiscate illegally acquired assets, documents, or property linked to criminal activities.
Sources within the administration argue that existing criminal laws have proven inadequate in tackling organised crime networks, particularly those linked to extortion, land grabbing, and syndicate operations. The new Bill, they claim, is designed to plug legal loopholes and ensure swift, decisive action.
However, political observers caution that the expansive powers granted under the proposed law may raise concerns over potential misuse, particularly against political opponents or dissenting voices.