Anti-terror Bill triggers fresh round of conflict between BJP, Congress

Gujarat Minister of State for Home Amit Shah said: “The UPA regime is yet to respond to the state Government’s repeated pleas for an early clearance of the Bill, particularly when such a legislation is needed for the speedy trial of those arrested in connection with the blasts.” He added that Maharashtra, Tamil Nadu and Andhra Pradesh already have similar legislations, but BJP-ruled states — Gujarat and Rajasthan — were being deprived of such a law.

Countering this, Leader of Opposition in the Assembly, Shaktisinh Gohil, said there are certain clauses in the Bill that are “draconian” in nature, and may be misused against innocent people. The UPA Government, after repealing POTA, has already asked all the states to use the provisions of the Unlawful Activities (Prevention) Act (UAPA), which will help check terrorist activity as well as organised crimes, he contended. Gohil referred to two clauses of the amended GUJCOC Bill, pending with the Centre, which, he says, could be misused by the BJP Government. He objected to the fact that the Bill said “the evidence collected through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissible as evidence against the accused in the court during the trial of a case”.

The Opposition Congress leader also objected to another provision of the Bill that states “a confession made by a person before a police officer not below the rank of the Superintendent of Police and recorded by such police officer either in writing or on any mechanical or electronic devices like cassettes, tapes or sound tracks from which sounds or images can be reproduced, shall be admissible in the trial of an accused, co-accused, abettor or conspirator for an offence”.

“Despite POTA, that existed during the NDA regime, the Parliament, Raghunath Mandir and Akshradham Temple were targeted by terrorists. Why couldn’t the NDA regime prevent those acts of terrorism, even though the POTA existed then?” he contended.

Gujarat unit’s PUCL president Prof J S Bandukwala has also dashed off a letter to the PM, urging him that “under no circumstances, the BJP’s demand for clearing the GUCOC Bill should be conceded”. He said on Tuesday: “The Bill should not be given Presidential assent, otherwise Muslims in Gujarat will suffer. Around 87 Muslims, including 78 from Godhra, arrested under POTA have remained in pre-trial detention even six years after the post-Godhra carnage.”

Meanwhile, at a recent meeting held in New Delhi, Gujarat’s representatives had reportedly raised the GUJCOC issue. But Union Home Minister Shivraj Patil reportedly advised Gujarat to use the UAPA provisions to deal with terrorism.