Not only was POTA not
repealed with retrospective effect a new law was simultaneously introduced with
much the same draconian clauses. On Sept.21 2004 the President promulgated an
ordinance to repeal POTA and simultaneously promulgated another Ordinance to
amend the Unlawful Activities (Prevention) Act (UAPA). But, all existing cases
under POTA will be tried under the old law!!! The Ordinaince only allows the
Review Committee constituted by the Centre under section 60 of the repealed Act
to review all cases under it in order the ascertain whether a prima facie
case existed. The review process has to be completed within a year.
The Common Minimum
Programme of the UPA government called for the repeal of POTA and utilising only
the existing laws for fighting so-called terrorism. But, the amended UAPA
expands the sections on definitions to include terrorist offences, and adds
three new chapters dealing with punishment for terrorist activities, forfeiture
of proceeds of terrorism and terrorist organisations. In other words the UPA
government has basically brought in the same definition of terrorist as the NDA
government. Besides, most importantly, all the 32 organisations banned under
POTA have also been banned under the amended UAPA.
Also the amended UAPA
has included the POTA relating to the admissibility of evidence collected
through the interception of communications. It also includes, with a minor
qualification, Section 21 of POTA, which deals with "offence relating to support
given to a terrorist organisation". Under the amended UAPA, the accused should
have the intention to further the activities of a terrorist organisation in
order to be held guilty. So, as earlier, any sympathizer of a banned
organisation can be targeted just as under POTA.
In addition the Act
repealing POTA does not have any provision to prevent the use of confessions
taken under POTA for any trial that is to be continued under other laws. So, if
a confusion by the police was earlier extracted under torture this would still
be valid even though the new act does not recognize it.
The only difference
between this law and POTA is that confessions extracted by police officers will
no longer be admissible and there are no provisions regarding bail.
While the BJP
vehemently opposed the repeal of POTA accusing the Congress on being soft on
terrorism; the other parties like the CPI, CPM, SP, BSP etc wanted the new Bill
to be referred to a Standing Committees of parliament. The CPM speaker supported
the passing of the Bill saying that if this was not done in the winter session
the Ordinance would lapse. He therefore pushed it through to a vote to get it
passed. This was easily done as the SP and BSP walked out while the ‘Left’
parties abstained. These stunts were nothing but subterfuge to make a show of
opposition. In fact if all had come together to oppose the Bill it would not
have got passed. And thanks to the CPM speaker, Somnath Chatterjee, who could
have referred it to a Standing Committee, but did not, the Bill is now an Act.
All parliamentary
parties are nothing but collaborators in the so called "war against terrorism"
which is used to attack the struggling masses. It is only the vehement
opposition of the masses that can act to repeal such draconian laws and release
the thousands of revolutionaries, sympathisers and also Muslims still held under
POTA. There is need for all genuine democrats to continue the struggle against
POTA and the new Act, so that all political prisoners may be freed.