Though the Centre on Monday decided to ban the CPI(Maoist) in West Bengal even as security forces battled the ultras to reclaim Lalgarh, legal experts in West Bengal are divided in their opinion over the constitutional compulsion of the state government to do the same following the announcement by the Union home ministry.

The Union home ministry has declared it will issue a notification to ban the CPI(Maoist) under The Unlawful Activities (Prevention) Act, 1967.

Senior advocate Arunava Ghosh said the notification on banning the CPI(Maoist) would be effective across the country only when the tribunal set up under the Act approves the ban.

If approved by the tribunal, the ban would be effective for two years and the state government will not be required to issue a separate ban order, said Ghosh.

Sovonlal Hazra, a government pleader, said the state government’s role would be crucial in implementing the ban.

“After the notification on banning the CPI(Maoist) by the Union home ministry, the ban becomes effective in all the states. But how exactly the ban would be enforced depends upon individual state governments.”

Ranjan Roy, a senior practising lawyer at the Calcutta High Court and a legal expert on centre-state matters, said the Union government can impose ban on any organisation or outfit suspected of terrorist activities. According to the Act, the state governments will have to issue a notification to implement the ban in its territory. “So, the ban on the CPI(Maoist) would be effective only after a notification by the state government,” Roy said.

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