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'Anti-terror law first legal salvo' - New Ordinance more humane than TADA

'Anti-terror law first legal salvo' - New Ordinance more humane than TADA

Author: Pioneer News Service
Publication: The Pioneer
Date: October 26, 2001

The Union Government on Thursday termed the new anti-terrorism Ordinance, banning 23 terrorist outfits, as the first "comprehensive legal salvo against the menace of terrorism, but having more than adequate in-built safeguards against its possible misuse" by law enforcing authorities.

Terming the promulgation of the Prevention of Terrorism Ordinance, 2001, by President K R Narayanan last night as a "legal salvo against terrorism and terrorist organisations", Union Home Secretary Kamal Pande said that unlike the Terrorist And Disruptive Activities (Prevention) Act, which lapsed in 1995, the Ordinance contained "built-in safeguards to make it more humane for the innocent".

"Countries like UK and USA, which have faced much less onslaught of terrorism than India, have anti-terrorism laws on their Statute Books," said Mr Pandey adding that the September 11 terrorist attacks in the United States had emphasised the urgency to undertake immediate special measures.

Mr Pande told reporters that the Ordinance has most comprehensive definition of Terrorist Acts as "acts done by using weapons and explosive substances or other methods in a manner as to cause or likely to cause death or injuries to any person or persons or loss or damage to property or disruption of essential supplies and services with intent to threaten the unity and integrity of india or to strike terror in any section of the people".

The maximum punishment under the Ordinance for committing terrorist acts is death while the minimum is five years imprisonment.

The terrorist acts also imply acts of fund raising by people/organisations for the purpose of terrorism. The Ordinance has the provision for seizure of properties and assets of terrorist outfits and their members.

The Home Secretary explained that the Ordinance, however, has a string of in-built checks and balances to safeguard innocent people against the possible misuse of the law and against them.

One of the safeguards emanates from the fact that terrorists acts have been precisely defined and the expression "or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people", which was part of the definition of terrorist acts under TADA has not been included in the new anti-terrorism Ordinance.

Yet another safeguard against the misuse of the Ordinance has been provided for in form of a stringent bail provision for the first year of detention to be followed by a much more relaxed provision for bail as per the Ordinary Cr P C provisions.

The section 32 of the Ordinance provides for admissibility of confessions made to a police officer under certain conditions. But unlike TADA, the confession of an accused will not be admissible against a co-accused, as was the case under TADA. Further such confessions have to be made before a police officer not lower in rank than a Superintendent of Police and has to be further recorded with a Chief Judicial Magistrate.

Despite drastic provisions of the new anti-terrorism Ordinance, the new law would keep the police officials on tenterhooks as any move by them against a person to harass him would make them liable for jail terms as well as damages.

"Any police officer who exercises powers corruptly or maliciously, knowing that there are no reasonable grounds for proceeding under this Ordinance, shall be punishable with imprisonment which may extend to two years, or with fine or with both," section 57 of the Ordinance said.

In a further check on the police, the section provided that if it was proved that a police official had corruptly proceeded against a person, he would be liable to pay damages to the victim as determined by the special court.

"If the special court is of the opinion that any person has been corruptly or maliciously proceeded against under this Ordinance, the court may award such compensation as it deems fit to the person, so proceeded against and it shall be paid by the officer, person, authority or Government, as may be specified in the order," section 57(2) said.The Ordinance also specifies that offenses under the new law would be investigated only by Deputy Superintendent of Police in all areas except in Mumbai, Kolkata, Chennai and Ahmedabad where the same should be probed by police officials not below the rank of Assistant Commissioner of Police.
 


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