Beginning with the PM, they all assured Parliament that POTA would never be misused. This week they didn’t know where to hide as Jayalalithaa dragged Vaiko into prison. And on Sunday , NDA convenor George Fernandes said it was necessary to amend the Act to prevent misuse. Otherwise, much more can happen:
Why only arrest Vaiko, ban his party too and arrest his ministers
Under Section 18 of POTA, the Centre can term a group as a terrorist organisation not only for committing terrorism but also if it ‘‘promotes or encourages terrorism.’’ So Vaiko’s party, MDMK, is ripe for a ban.
Its two Central ministers — M. Kannappan and Gingee N. Ramachandran — will have to be dropped, and arrested.
If POTA is in, and BJP is out, Sangh Parivar should run for cover
Of the 30-odd organisations banned under POTA, not one is a Hindu extremist outfit. So, if Cong or an anti-BJP govt comes to power, VHP, Bajrang Dal will have to run for cover.
If banned, Vinay Katiyar, BJP’s new UP chief, will have to be arrested being the most visible face of Bajrang Dal. Worse, Justice Rama Jois, new Governor of Jharkhand, will have to be jailed as he is a prominent leader of VHP.
Naidu breaks the law, talks to PWG
Within months of PWG being banned under POTA, Chandrababu Naidu’s ministers Vijaya Rama Rao and T. Sitaram held talks with PWG. They could have been arrested.
Section 21 imposes imprisonment up to 10 years on anybody found guilty of arranging a meeting ‘‘to be addressed by a person who belongs or professes to belong to a terrorist organisation.’’ POTA defines meeting as ‘‘a meeting of three or more persons whether or not the public are admitted.’’
The horse has bolted, is running wild, here are some reins
Scrap Chapter III of POTA empowering the Centre to ban organisations without a judicial check. The ordinary law has safeguards: the ban has to be upheld within six months by a judicial tribunal and even so, the ban will be only for two years.
Amend POTA’s Section 21 so that it applies only to cases where accused has incited his audience to violence.
Change definition of ‘‘meeting’’ so that POTA does not encroach on anybody’s right to express his/her point of view.