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By Sridhar Krishnaswami
The ruling is being seen as a major victory for civil and human rights groups which felt that in the name of waging a war against terrorism, the Government was side-stepping constitutional provisions. "Unquestionably, the public's interest in learning the identities of those arrested and detained is essential to verifying whether the Government is operating within the bounds of the law," the district judge Gladys Kessler wrote in the ruling. But the Justice Department has said that releasing the names of those detained or arrested will harm ongoing investigations and help the al-Qaeda network run by Osama bin Laden. But Ms. Kessler rejected this saying, "Given than more than ten months have passed since September 11, it is implausible that terrorist groups would not have figured out whether their members have been detained. The judge further said that the Government had "failed to demonstrate that disclosure of names could enable terror groups to map investigation". She said any of the detainees who did not wish their names to become public could seek confidentiality. The names of material witnesses whose identities have been sealed by courts are not to be made public. More than 1,000 persons were held following the terror attacks in New York and Washington that killed more than 3,000 persons. Most of the detainees were found to have violated immigration rules. In June, the Justice Department said 174 persons were still being held, including 74 on immigration violations charges. The ruling has been welcomed in some quarters on Capitol Hill. "This decision puts the rule of law over the Justice Department's unilateralism. The judge properly observes that secret arrests are a concept odious to a democratic society," chairman of the Senate Judiciary Committee, Patrick Leahy, said.
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