USE OF POTA

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Lok Sabha

No specific complaint regarding misuse of the provisions of the Prevention of Terrorism Act, 2002 (POTA) has been received in the Central Government so far. Since law and order is a State subject, the implementation of POTA is primarily the responsibility of the State Governments/UT Administrations. Several safeguards have been incorporated in the Act to minimize the possibility of its misuse. Some of the main safeguards are as follows:

(i)	Investigation of an offence under the Act is to be done by an officer not below the rank of Deputy Superintendent of Police.
(ii)	No court can take cognizance of an offence under the Act unless sanction of the State.
(iii)	The Act provides safeguards against abuse of the provision relating to admissibility of confession made before a police officer.
(iv)	Intimation of arrest of the accused will have to be provided to a family member immediately after arrest and this fact is to be recorded by the police officer.
(v)	Provision for prosecution of police officers for malafide actions under the Act and compensation to affected persons in such cases.

The State Government/UT Administrations have been advised to ensure that the provisions of this law are used only against the terrorists and not against the innocent. They have also been advised to sensitize the police officers and others concerned with the implementation of POTA on the need to ensure its fair and transparent operation and to also install a mechanism to oversee the implementation of the Act.

This was stated by the Minister of State for Home Shri Ch. Vidyasagar Rao in the Lok Sabha today.