after all
Friday, October 26, 2001
Indian Express
'Kinder' TADA isn't so kind after all
Govt slips in two new chapters under which it
has wider powers to blacklist, arrest, tap
communication
MANOJ MITTA
NEW DELHI, OCTOBER 25: WHAT was so far known as
a ''kinder'' TADA with more safeguards has now
turned into one of the most sweeping and
potentially controversial pieces of legislation.
Riding high, going overboard? Govt can declare
a group as a ''terrorist organisation'' and arm
itself with wide powers to arrest and prosecute
members and those who ''invite support.''
Govt can ''intercept'' all manner of
communication-''wire, electronic or oral'' in
cases related to terrorist acts.
While the Unlawful Activities Act requires a
tribunal to decide on the ban in six months, the
Ordinance doesn't specify any time limit.
Mainly because the Government has slipped in two
new ''chapters'' in the Prevention of Terrorism
Ordinance promulgated last night. While Union
Home Secretary Kamal Pande justified this today
citing Black Tuesday, these chapters go way
beyond the Law Commission's draft Bill. And
didn't even figure in TADA which lapsed six
years ago.
Under one, the Government can now declare a
group as a ''terrorist organisation'' and arm
itself with wide powers to arrest and prosecute
members and sympathisers. The other chapter
empowers the Government to ''intercept'' all
manner of communication-''wire, electronic or
oral'' in cases related to terrorist acts or
''holding of proceeds of terrorism.'' The
evidence collected through the interception
''shall be admissible as evidence'' in the
court.
Using the first, the Government today banned 23
organisations across the country. These include
the three Pak-based groups in the Valley-the
Lashkar-e-Toiba, Jaish-e-Mohammed,
Harkat-ul-Mujahideen-and several insurgent
groups in the North-East, including the ULFA,
National Democratic Front of Bodoland and the
PLA in Manipur. The NSCN (I-M), with whom the
Government is engaged in talks, has been spared.
Even groups already banned under the Unlawful
Activities (Prevention) Act figure in the new
list and include the Deendar Anjuman and
SIMI. But unlike the Unlawful Activities Act,
under which an organisation can be banned for
only two years, now a ''terrorist'' organisation
can be proscribed indefinitely.
Also, while the Unlawful Activities act requires
a tribunal to decide on the ban in six months,
the Ordinance has a provision for a Review
Committee but doesn't specify any time
limit. Under the new Ordinance, once an
organisation is declared ''terrorist,'' all its
members are liable to be imprisoned upto 10
years. The safeguards provided to the accused in
such a case is that he may plead that the
organisation was not declared terrorist when he
was a member. Or that he stopped participating
in its activities after the declaration.
A more serious fallout of this aspect of the
Ordinance is that even those who are suspected
as ''supporters'' of the terrorist group are
liable to be punished. For, the Ordinance brings
under its ambit anybody who ''invites support''
for a terrorist organisation or ''arranges'' a
meeting which is ''to be addressed by a person
who belongs or professes to belong to a
terrorist organisation.'' Anybody who raises
funds for a terrorist organisation can also be
imprisoned for upto 14 years.
On the ''interception'' of communication, the
only safeguard in the Ordinance is that the
police will have to seek prior permission of a
''competent authority.'' This, significantly, is
not a judge but an executive officer not below
the rank of Joint Secretary in the case of the
Centre and Secretary in the case of the state
government.
Even then, the Ordinance exempts the police from
complying with this solitary safeguard in ''an
emergency situation'' which involves ''immediate
danger of death or serious physical injury to
any person'' or ''conspiratorial activities
threatening the security or interest of the
State or characteristic of a terrorist act.''
The process of interception will come under
judicial scrutiny only when the Competent
Authority, within seven days of his order,
refers the matter to a Government-constituted
Review Committee headed by a serving or retired
high court judge.
-----------------------------------------------
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foil-l@foil.org [FOIL] WB Chief Minister telling untruths
regarding his new black law (WBPOOCO)
- An APDR statement
The following is the text of an APDR statement
released on 29.10.2001
Eternal Vigilance is the Price of Liberty
ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS
18 MADAN BARAL LANE, CALCUTTA-700 012
Phone (033) 237-6459 e mail:
amitdyu@vsnl.net PRESS STATEMENT Dated 29.10.2001
We are astonished at the remarks made by Sri
Buddhadeb Bhattachsrya, Chief Minister, W.B. at
Delhi regarding the promulgation of Prevention
of Terrorist Activities Ordinance-2001 (POTO) by
the Union Government. We are astonished because
even though he is the executive head of a valid
constitutional regime of this state, yet he made
certain remarks which are totally untrue.
As per news agency reports and also as reported
in his party organ (Ganashakti dated 29.10.2002)
he asserted that the W.B Left Front Government
never invoked TADA in this state!! Barely two
months back, the judgjement in the infamous
Bowbazar Explosion Case was pronounced by the
designated Tada Court in which the main accused
Rashid and his accomplishes were sentenced to
life imprisonment under TADA. We wonder, how
would he run the state administration with such
a short memory and needs retirement for amnesia!
And being a people's representative, if this
was a deliberate misinformation, he should
apologise to the people immediately.
According to official records TADA was invoked
in Darjeeling in August 1986 to remain effective
for a period of three months. It was again
enforced in all the three hill sub-divisions of
Darjeeling District by a Gazette Notification on
24. 6. 1987 and also notified a designated TADA
court headed by the Addl. Sessions Judge,
Siliguri on the same day.
TADA was again invoked in Calcutta in 1993 by a
Notification No. 6677.J and 6679.J dated
26.4.93, published in the Calcutta Gazette the
same day, constituting a designated court and
naming a judge to head the court.
The Chief Minister is repeatedly asserting that
the West Bengal Prevention of Organised Crime
Ordinance--2001 (WBPOOCO) has no relation or
similarity with TADA or the POTO-2001. The
relation and similarities of WBPOOCO with the
other two black bills and with the Maharastra
bill on 'organised crimes will be clear, when
the full text of the ordinance will be
available. However, from press reports and
knowledgable sources it has been learnt that the
proposed legislation and the TADA, POTO and
Maharastra bill contain identical provisions
regarding most of the issues encroaching upon
individual liberty and civil rights. Some such
issues are : denial of anticipatory bail, making
detentions almost unbailable, trial in special
courts, instead of prosecution proving the
charges, the accused shall have to prove his
innoscence, statements extorted by third degree
methods in police custody will be valid legal
evidence, wide and ambiguous definition of
abetters, making every one a suspect ! and
liable to punishment.
APDR therefore calls upon the Government to
immediately release the full text of the
ordinance, copies of which were not even made
available even to the ministers of the state
Govt., and to stop its promulgation till a full
fledged public debate is carried out on the need
and of such a law.
APDR also calls upon the Government to spell out
clearly why rushing through such an ordinance
became necessary in WB claimed to be a 'first
boy' and an 'oasis' in law & order.
Tapas Chakraborty
General Secretary
-----------------------------------------------
The apdr is a part of the countrywide civil and
human rights movement. Since its inception in
1972, the Association with its branches spread
throughout West Bengal, India has been working
for protection of civil and democratic rights of
the people and against all forms of state
repression. It is one of the founder members of
the All India Co-ordination committee of Human
Rights, Civil Liberties and Democratic Rights
Organisations. APDR has fraternal relations with
the civil and democratic rights organisations
across the country and the Amnesty International
and other International organisations.
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