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This is an archive article published on December 7, 2004

POTA Bill clears Lower hurdle

The Lok Sabha today passed a Bill to repeal POTA and another, the Unlawful Activities (Prevention) Amendment Bill, to counter terrorism. Fol...

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The Lok Sabha today passed a Bill to repeal POTA and another, the Unlawful Activities (Prevention) Amendment Bill, to counter terrorism. Following protests by the Left, Leader of the House in the Lok Sabha Pranab Mukherjee gave an assurance that the Government will hold consultations with the Left and bring ‘‘phased’’ amendments after the passage of the Bill.

The Left had sought that the Unlawful Activities (Prevention) Amendment Bill be first referred to the Standing Committee for discussions.

This was despite the ruling of Speaker Somnath Chatterjee who stated that while he was of the ‘‘opinion that a Bill should be sent to the Standing Committee’’, since it was a small session and because all the Bills will lapse on January 12, he felt that this Bill should be passed in this session itself.

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The BJP protested against the Government’s refusal to refer the amendment Bill to the Standing Committee and walked out, led by L.K. Advani. A little later, the Samajwadi Party walked out, followed by the BSP members.

Replying to the marathon debate on the repeal of POTA and the new UAPA Bill, Home Minister Shivraj Patil said: ‘‘Congress is against the draconian laws, that is why it let TADA lapse. Congress opposed POTA in both Houses. In our election manifesto and in the CMP of the UPA Government, the parties have said POTA will be repealed. We are only fulfilling a promise for which we got the mandate.’’

Listing the ‘‘obnoxious’’ clauses in POTA, Patil said, ‘‘Under POTA, bail was provided only when the judge felt the accused was innocent. This is against the principles of justice as the accused should be acquitted if he is found innocent. We have done away with that.’’

‘‘Also, earlier there was just one review committee to check the cases, we now have three. Also, we have given a sunset period of one year after which all cases will come to an end, except for the very important ones,’’ Patil said.

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Speaking earlier, Advani said, ‘‘When it is being thought all over the world that terrorism is the greatest challenge, India would be a unique case where the laws for dealing with terrorism are being repealed.’’

Supporting the repeal, PDP’s Mehbooba Mufti said, ‘‘The then prime minister, A.B. Vajpayee, had hailed the healing touch policy of the J-K government. Peace was not brought to the state using POTA.’’

Mohammed Salim of CPI(M) said, ‘‘If only making laws would end terrorism, then others would have done it a long time ago. ’’ BJP’s Suresh Modi said, ‘‘The present Government is soft on terrorists.’’

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