POTA set to replace TADA

The proposed bill was necessitated following the lapse of TADA on May 23,1995.

Releasing the salient features of the proposed bill, LCI chairman B P Jeevan Reddy said it would not be a reincarnation of TADA in any sense rather it provides substantial safeguards to the accused as a protection against the abuse of power and human rights.

Justifying the enactment of a special law to fight terrorism the chairman said organised groups or trained and inspired fundamantalists and anti-Indian elements were trying to threaten the sovereignty, integrity and security of the country… that necessitates a special law to deal with special situation.

With a view to giving human face to the new legislation in the wake of widespread criticism of TADA, the proposed bill provides for a fairly high ranking officer of DSP or ACP rank to investigate an offence under the Act. If there is any complaint of torture during investigation, the accused could seek medical examination that has been conducted by a medical officer not lower than an assistant civil surgeon.

The new Act is proposed not to be a permanent Statute but would be in force for a period of five years. Other safeguards include taking the concurrence of police chief (DGP) for registering of the case against the accused under the new law, subjecting it to the review of a committee within 30 days and informing the relatives of the accused soon after his arrest.

Other measures suggested against the abuse of power include constant and quarterly monitoring of the cases of detenus by the review committee, allowing bail of the accused barring in the top category and appeal against the conviction and recommending of compensation to the wrongly detained persons.

Making a departure from TADA, the bill seeks to ensure that harbouring of an accused by the spouse will not be treated as an offence under the new law.

However, the bill provides for forfeiture of the property of the terrorist who for some reasons or the other cannot be arrested or prosecuted for being safely ensconced abroad. Such forfeiture of proceeds of terrorism may be done by the designated authority.