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This is an archive article published on May 30, 2000

Terrorism bill will not be used to browbeat media — Govt

NEW DELHI, MAY 29: The Government on Monday denied media reports that some provisions of the Prevention of Terrorism Bill, 2000, would be ...

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NEW DELHI, MAY 29: The Government on Monday denied media reports that some provisions of the Prevention of Terrorism Bill, 2000, would be used to "browbeat" the media and extract information from journalists.

An official spokesman clarified that there is indeed a provision in the bill which obliges "any person" in possession of some information useful for prevention or prosecution of a terrorist offence, to disclose that information to concerned law enforcement authorities. Such a duty is also cast on "every person" under the normal law.

Reports in a section of the media on Monday said that a draft bill being circulated by the Home Ministry among states threatens to bring the media under the ambit of terrorist activities. It reportedly makes an obligation on journalists to inform the police about any terrorist activities that he is aware of, failing which the journalist will be liable under proposed law to be punished with imprisonment extending to one year.

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However, the spokesman said "as per Section 39 of the CrPC every person aware of the commission or intention of any person to commit any offence…is duty-bound to give that information to the nearest magistrate or police officer. Failure on the part of any person to disclose such information is punishable under various provisions of the IPC".

The spokesman said there is no mention of the word "journalist" and the word "any person includes a journalist or any citizen".

He said the factual position is that the press comments are on the draft bill as drawn up by the Law Commission and the Government is still examining the proposal.

The spokesman said the demand for a law to deal with terrorism had been raised from time to time by different states and various wings of the security agencies.

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The Central Government’s response had been that criminal law being a concurrent subject, the states could always take necessary legislative steps in this direction if they felt the need for such a law.

Home Minister L K Advani had said in the last session of Parliament that the Government could consider introducing such a bill only after consulting political parties.

He also had said that the Law Commission had recommended a draft bill which was being referred to the State Governments for their opinion. The views of the members of the consultative committee attached to the Home Ministry were also proposed to be sought, Advani had said.

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