Fears over misuse of POTO

By Our Legal Correspondent

NEW DELHI, NOV. 17. Eminent panelists at a seminar on `Prevention of Terrorism Ordinance and the Press' today voiced their fears about possible misuse of the POTO against citizens, including the media, and called for a thorough re-look at the provisions to create adequate safeguards even as some felt that such a law was unwarranted.

Many felt that the manner in which the POTO had been promulgated bypassing Parliament had created a suspicion that it was done with an eye on the Assembly elections in Uttar Pradesh due early next year.

Dr. N.M. Ghatate, member, Law Commission, justified the need for a stringent law to deal with cross-border terrorism. Pointing out that there was no law in India or abroad which had not been misused, he said possibility of misuse could not be a ground for throwing away a law.

He said all the guidelines and safeguards suggested by the Supreme Court and the National Human Rights Commission had been incorporated in the POTO. He denied that there was no proper discussion before the ordinance was promulgated. He pointed out that the Law Commission had circulated a draft Bill to all those concerned and all the suggestions received were incorporated in the report.

Referring to apprehensions of journalists, Dr. Ghatate said no person was above law as far as investigation of crime was concerned and particularly when country's safety was involved.

He said the law should be debated at length without taking sides.

Mr. Abhishek Singhvi, Supreme Court lawyer, said the September 11 incidents in the United States were being given as an excuse by the Government for promulgating the ordinance but it was only intended for electoral benefits for the BJP. He said nothing had been done by the Government so far to allay fears and suspicions.

He was critical of Section 3 (8) and Section 14 (which dealt with obligation to furnish information to the police) of the POTO as these ``open-ended provisions'' were liable to be misused, particularly against the media and journalists.

Mr. Prabhjot Singh, chief of bureau, The Tribune, Chandigarh, gave several instances in the past as to how the police had harassed journalists reporting on the activities of militants in Punjab. The POTO would arm the police to compel journalists to disclose the source of their information and the media would be targeted.

Mr. D. Raja, national secretary of the CPI, felt that the manner in which the Government had promulgated the ordinance was deplorable. He said the POTO in itself would not end terrorism as what was necessary was eradicating the roots of terrorism. While endorsing apprehensions of journalists that the POTO would be used against them, he demanded its withdrawal forthwith.

Mr. Prakash Karat, Politburo member, CPI(M), said the sweeping powers given to the police in declaring any organisation a terrorist outfit would result in misuse. The POTO could not find support from any democratic set up, he said.

Mr. Nikhil Kumar, former Police Commissioner, Delhi, Mr. Dayanand Sahai, MP, and Mr. Harish Khare, associate editor, The Hindu, were among those who participated in the discussion, organised by the Press Association.

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