Midnapore DIG Praveen Kumar (second from right) in action on a different pitch outside Lalgarh police station on Tuesday. Picture by Sanjoy Chattopadhyaya

June 30: The Bengal government today decided to drop charges under the Unlawful Activities Prevention Act against the two tribal youths arrested in Bankura on Sunday while allegedly planting explosives on a road.

They will now be prosecuted only under the Indian Penal Code and the Arms Act.

Home secretary Ardhendu Sen said: “We will inform the court tomorrow that the state government is withdrawing the charges under the UAPA.”

Yesterday, chief minister Buddhadeb Bhattacharjee had told his cabinet colleagues, especially the allies, that the law would not be used indiscriminately. He promised no one would be tried under the law without the home secretary’s consent.

However, hours later, Bankura police booked the two tribals — Kanchan Murmu, 18, and Gopinath Murmu, 19 — under the UAPA, prompting Sen to seek a report from the superintendent.

The district police chief, Vishal Garg, was apparently unaware of the need for the home secretary’s concurrence. “He has been pulled up for this,” Sen said today.

Garg did not respond to calls through the day.

In Bankura, public prosecutor Ashiul Rehman said: “They will be prosecuted only under sections of the Indian Penal Code and the Arms Act.”

A 9mm pistol, 10 bullets and a flash gun used to detonate explosives were found on them when a BSF team caught them behind a roadside bush near Sarenga. The police later found about 50m of wires and an improvised device containing 5kg of explosives buried three feet under the road.

Although the charges under the UAPA have been taken off, punishment under the IPC and the Arms Act could be stiffer for the duo. If the UAPA charges slapped on them could bring them at the most a life term, the other laws can send them to the gallows.

The charges against them now are attempt to murder, criminal conspiracy and waging war against the state.

The CPM’s allies are opposed to the UAPA on two grounds: first, on suspicion a person can be held for 180 days, unlike the IPC where it is 90.

Second, in case of the IPC, the prosecution has to prove that the accused is guilty. In the UAPA, the accused has to prove innocence.

The government will place before additional chief judicial magistrate D.K. Das the request to allow the change of the charges against the accused.

Two People’s Committee activists from Lalgarh, picked up yesterday for questioning from a village on the West Midnapore-Bankura border, were arrested today. Subhas Mahato and Ajit Mahato were remanded in eight days’ jail custody. The owner of the house where they had taken refuge has been released.