J&K not to introduce anti-terrorism law

By Shujaat Bukhari

SRINAGAR, SEPT. 30. The National Conference Government has decided not to introduce any law to curb terrorist activities and instead passed the buck back to Centre. A draft bill prepared by the State Law Ministry was not approved by the State Cabinet, which met here on Friday.

When the State Government was all set to table the Bill in the ongoing session of State Assembly, the Cabinet was divided over taking the initiative in introducing a law which would replace the TADA. A direction was given to some States, including Jammu and Kashmir, by the Union Home Minister, Mr. L.K. Advani, after militancy started taking a different turn. The State Government examined laws prepared by three other States in this regard and came up with a draft bill. The Chief Minister, Dr. Farooq Abdullah, recently announced that the State would introduce a stringent anti-terrorist law, under which no militant or his harbourer could escape.

The Law Ministry held many brainstorming sessions on how to make the law effective, though such law could be enacted by the Centre. The State Government drafted the Bill under the criminal law and tried to extend it in order to bring to book the militants and their harbourers or supporters. Confiscating the assets of militants and their supporters was given special thrust.

When put before the Cabinet on Friday, some senior Ministers expressed reservations in introducing such a law that too at a time when the State was bracing for Assembly elections. It was decided to communicate to the Centre to enact a law which could probably be extended to the State later, sources said adding the law which was drafted had envisaged maximum powers to the investigating agencies with life imprisonment or death sentences to those booked under the Act and found guilty. The new law was named the Jammu and Kashmir Terrorist Activities (Prevention) Act 2001. There was a marked difference between the erstwhile TADA and this law, sources pointed out. ``Why should we invite the wrath of the people by introducing this law on our own,'' a Minister has reportedly told the meeting.

The Minister of State for Law and Parliamentary Affairs, Mr. Mushtaq Lone, confirmed that State Government was not introducing any such law. ``It comes under the Central list and the Centre is competent to enact it,'' he told The Hindu without divulging details.

After the TADA was repealed last year, there is no law in the State to exclusively deal with militant activities. With two designated courts at Jammu and Srinagar, in past 12 years 2200 cases were filed under the TADA. Out of these, acquittal had been granted in 260 cases and only 19 convictions had been passed.

Those who are arrested for militancy-related activities are being booked under the Public Safety Act (PSA) - the State's own act under criminal law. So far, 7,000 cases have been registered under this Act. While 3,000 have been disposed of, 2000 have been quashed by the High Court. In the case of 1,000, the PSA has expired. And in the case of 2,000 after expiry they continue to be in jails.

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