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Journalism of Courage
Union Home Minister Shivraj Patil on Tuesday said that the return of a law like the Prevention of Terrorism Act POTA, 2002, with adequate safeguards, could be considered by Parliament. Besides, in its report on terrorism, the Second Administrative Reforms Commission ARC has recommended a comprehensive anti-terror legislation and the establishment of a federal agency to investigate terrorist acts in the country.
So far, even as various state governments 8212; especially those ruled by the BJP 8212; have been repeatedly demanding a strong law to deal with terrorists, the Congress-led UPA Government has refused to frame a law to do so. It continues to refuse to give Presidential assent to anti-terror laws legislated by Gujarat, Rajasthan, Madhya Pradesh and Andhra Pradesh. The Uttar Pradesh Government also recently withdrew its anti-terror Bill that was stuck in the Ministry of Home Affairs.
National Security Act, 1980
This law is still in force and empowers both the Central Government and the state governments to detain a person to prevent him from acting in any manner prejudicial to the defence and security of the country or India8217;s relations with a foreign country. Under the Act, advisory boards, headed by a sitting or a retired HC judge, have to be constituted to approve each detention and the state Government has to submit a report to the Centre stating the reason for the detention. In case the advisory board feels the person has been wrongfully detained, it can order his release. The maximum period for which any person can be detained under this law is 12 months from the date of arrest. In most states, the police use this law to detain petty criminals.
Terrorist And Disruptive Activities Prevention Act, 1985 And 1987
It was first enacted in May 1985 for a period of two years. On May 23, 1987, the Union Government, headed by Rajiv Gandhi, got an ordinance promulgated by the President and added more stringent measures to the Act in order to strengthen it and enacted what is better known as TADA, 1987. Apart from being the first law that talked of 8220;terrorist acts, TADA mandated setting up of special courts to try these offences. While giving more powers to the police, the law made getting a bail almost impossible. Under TADA, 1987, harbouring terrorists, being members of terrorist groups, accumulating property through terrorist activities, possessing arms in specified areas were offences.
In order to check misuse, no FIR could be registered without the approval of an officer of the rank of Deputy Superintendent of Police.
TADA was extended in 1989, 1991 and 1993, lapsed in 1995 after allegations of abuse rose.
Prevention of Terrorism Act, 2002
Due to the rise in terrorist attacks, the BJP-led Government promulgated the Prevention of Terrorism First Ordinance, 2001, and Prevention of Terrorism Second Ordinance, 2001. Thereafter, Parliament passed the Prevention of Terrorism Act, 2002.
Under it, collecting funds for the purpose of terrorist activities was made an offence and interception of electronic and oral communications was allowed. It also empowered an officer, not below the rank of Superintendent of Police, to record confessions of suspects that would be admissible during trial. The period of police custody 8212; 15 days usually 8212; was raised to 180 days. The Government was given the power to list terrorist outfits and revise the list periodically.
On a plea challenging the Constitutional validity of the law, the apex court specified provisions to check arbitrary use of powers under POTA. However, on September 21, 2004, the UPA Government got POTA repealed through an Ordinance.
