The Union Cabinet on Tuesday night approved promulgation of an ordinance to combat terrorism in place of scrapped TADA making non-disclosure of information relating to a terrorist act an offence. “The meeting, presided over by the Prime Minister, approved the draft prevention of terrorism ordinance, 2001, which also provides for safeguards,” parliamentary affairs minister Pramod Mahajan told reporters.
The ordinance defines terrorist organisations and acts done by using weapons and explosive substances to cause death and injuries, destruction of property and disruption of essential supplies and services with an intention to threaten the unity and integrity of the country and strike terror. It casts a duty on persons knowingly in possession of information relating to offences under the ordinance and failure to furnish it to authorities would be an offence. The safeguards include intimation of arrest of accused to a family member and presence of a legal practitioner during interrogation, confirmation of FIR by the Director General of Police and the review committee within ten days and 30 days, investigation to be done by an officer not below Deputy Superintendent of Police and allowing a legal practitioner to be present during interrogation.
It also incorporates that recording of confession of the accused by a police officer not below the rank of Deputy Superintendent of Police only will be admissible as evidence and reduction in maximum period of police remand from 60 days under TADA to 30 days now.
It was decided to replace TADA with an alternate anti-terrorism law and a new bill called the Criminal Law (Amendment) Bill was introduced in Rajya Sabha. The bill, however, could not be passed and the pending criminal law (amendment) bill, 1995 was further examined by an inter-ministerial group. It was found to be too weak to provide a legal framework for combating terrorism.
Bureau Report