Hindu Vivek Kendra
«« Back
Anti-POTA petition dismissed

Anti-POTA petition dismissed

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.

Back                          Top

«« Back
  Search Articles
  Special Annoucements