DY. PM/HM’s STATEMENT IN THE LOK
SABHA AND RAJYA SABHA ON POTA DATED 13.3.2002
With the intensification
of cross-border terrorism and the continued offensive agenda of
Pak ISI targeted at destabilizing India and the post 11th
September developments, it became necessary to put in place a
special law to deal with terrorist acts. Accordingly, the Prevention
of Terrorism Act, 2002 (POTA, 2002) was enacted and notified on
28.03.2002.
The POTA, 2002
clearly defines the terrorist act and the terrorist in Section
3 and grants special powers to the investigating authorities under
the Act. However, in order to ensure that these powers are not
misused and the violation of human rights does not take place,
specific safeguards have been built into the Act. Some of these
are:
- No court can take cognizance of
any offence under the Act without the previous sanction of the
Central Government or, as the case may be, of the State Government.
- No officer lower in rank than
the Deputy Superintendent of Police can investigate offences
under the Act.
- Confession made by a person before
a police officer not below the rank of Superintendent of Police
is admissible as evidence under the Act provided such person
is produced with 48 hours before a magistrate along with his
confessional statement.
- The Act provides for punishment
for any officer who exercises powers maliciously or with malafide
intentions. It also provides for award of compensation to a
person who has been corruptly or maliciously proceeded against
under the Act.
The POTA, 2002 is a special law
for the prevention of and for dealing with terrorist activities
and clearly defines the terrorist act and the terrorist in Section
3, Sub-Section (1) of the Act. The Act provides the legal framework
to strengthen the hands of the administration in our fight against
the menace of terrorism and can and should be applied against
such persons and acts as are covered by the provisions of this
law and it is not meant as a substitute for action under ordinary
criminal laws.
Members have raised
from time to time an issue that the provisions of this law are
invoked even against such persons and acts which do not fall into
the ambit of this law. The Government has given careful consideration
to their views and it has been decided that the matter is serious
enough to warrant the invoking of the powers of the Central Government
under Section 60 of Act which provides for the formation of one
or more Review Committees. The Review Committee shall consist
of Justice Arun Saharya, former Chief Justice of Punjab High Court
as Chairperson. The Review Committee will take a comprehensive
view of the use of this legislation in various States and give
its findings and suggestions for removing the shortcomings in
the implementation of this law with a special reference to ensuring
that the provisions of the Act are invoked for the combating of
terrorism and are not used against ordinary criminals or those
who are not terrorists or whose act cannot be considered as terrorist
acts.
The terms and
conditions of the Committee will be worked out separately. Other
members of the Review Committee will be named soon.
