Author: Reeta Sharma/Chandigarh
Publication: The Pioneer
Date: May 23, 2002
Justices Jawahar Lal Gupta and N
K Sodhi on Wednesday dismissed a writ petition filed by Lok Sabha MP Simranjit
Singh Mann questioning the validity the Prevention of Terrorist Act, 2002.
It is the first ever judgment on
POTA in the country. The petitioner had alleged that POTA has "Draconian
provisions that infringes the basic rights of the people, that is, right
to life and liberty as enshrined in the Constitution, denies bail to one
arrested under the Act, a fine up to Rs 10 Lakh and that the confession
made before the police is admissible etc."
The Judges, went through the points
raised by the petitioner and cases cited to substantiate the arguments,
and ruled as follows: The rights to equality, life and liberty are guaranteed
under our Constitution and the touchstone on which every law has to be
tested. A law that prevents liberty to a person has to satisfy the test
of reasonableness and has to conform to the Constitution. In its search
for fairness, the court cannot ignore the policy behind the law. The security
of the state is of paramount importance. The sovereignty and integrity
of the nation have to be preserved at all costs. Individual rights are
subservient to the larger interests of the society.
The prevailing circumstances pose
a threat to the nation's integrity and sovereignty. A law to protect people
and their properties was necessary and the matter was duly considered before
POTA was promulgated. The enactment of the impugned Act was a national
imperative and there is a clear rationale for the Act.
