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This is an archive article published on May 27, 1998

TN tables anti-terrorism bill

CHENNAI, May 26: The much-awaited bill quot;to completely neutralise religious extremists and root out terroristsquot; from Tamil Nadu, as...

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CHENNAI, May 26: The much-awaited bill quot;to completely neutralise religious extremists and root out terroristsquot; from Tamil Nadu, as promised by the State Government, was introduced in the Assembly on Tuesday.

The Bill envisages the setting up of a designated court with the presiding officer in the rank of additional sessions judge/sessions judge. As per its sections, those committing any terrorist act, resulting in the death of any person, will be punished with death or imprisonment for life and also with a fine which may extend up to Rs 10 lakh.

For other terrorism related cases it is a minimum of three years rigorous imprisonment which may extend up to life imprisonment and also with a fine extending to Rs one lakh. The minimum punishment in the case of now defunct Terrorists and Disruptive Activities Prevention Act TADA was five years.

quot;The Tamil Nadu Prevention of Terrorist Activities Bill, 1998quot;, coming in the wake of the Feb 14 Coimbatore serial blasts which killed over 60 and injured more than200 persons, has many provisions similar to that of TADA.

The Bill, introduced by Law Minister Aladi Aruna, when becomes an Act would remain in force for five years. According to the statement of objects and reasons appended to the Bill, terrorist activities in the State were causing concern to the government and quot;in order to maintain law and order, to have effective control, to curb violence and terrorist activities and for preserving public tranquility,quot; the Government had decided to introduce the Bill and thereby take stringent action against such activists.

On April 23, Chief Minister M Karunanidhi, while tabling a quot;White Paperquot; on the Coimbatore blasts in the Assembly, had announced that his Government would enact a legislation quot;to neutralise religious extremists and to root out terrorismquot;. With the repeal of the TADA, there was no effective provision in the existing laws to deal with such terrorist activities and so it was decided to enact a separate legislation for the purpose.

The Bill defines aquot;terrorist actquot; as any act done quot;with an intent to strike terror among people or any section of the people or to adversely affect the harmony amongst different sections of the people using bombs, or other lethal weapons8230;quot;

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The new Bill provides for constitution of one or more designated courts presided over by a judge appointed by the Government with the concurrence of the Chief Justice of the High Court and to hold quot;in cameraquot; proceedings if desired by the prosecution.

As per the Bill, an appeal against any judgement, sentence or order of the designated court, can be taken up only by a High Court and within 30 days from the date of judgement. Whereas, under the TADA Act, only the Supreme Court can take up an appeal.

The Bill, while providing protection for the Government, states that no suit, prosecution or other legal proceedings will lie against the Government or any other authority on whom powers have been conferred under the Act.

There is also a provision in the Bill to ban publication, in anymanner, all or any proceedings pending before the designated court, in public interest. The decision in this regard would be at the discretion of the designated court. Violators of these sections could be sentenced to imprisonment of up to one year and also with fine up to Rs 1,000.

 

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