Ordinance on terrorism approved

By Our Special Correspondent

NEW DELHI, OCT. 16. The Union Cabinet tonight approved the promulgation of the Prevention of Terrorism Ordinance, 2001, clearing the decks for a new anti-terrorism law that will ultimately replace the lapsed Terrorists and Disruptive Activities (Prevention) Act (TADA).

Briefing reporters after the Cabinet meeting, the Parliamentary Affairs and Communications Minister, Mr. Pramod Mahajan, said the draft ordinance has a number of safeguards to protect the interests of the accused.

The safeguards include confirmation of the First Information Report (FIR) by the Director-General of Police and the Review Committee within 10 days and a month respectively and immediate intimation of the arrest of accused to a family member.

Other safeguards are: investigation of an offence under the ordinance to be done by an officer not below the rank of Deputy Superintendent of Police, permission to a legal practitioner to remain present during interrogation of the accused, recording of confession by a police officer not below the rank of Deputy Superintendent of Police, and reduction in the maximum period of police remand from 60 days under TADA to 30 days.

The proposed ordinance also casts a duty on the persons knowingly in possession of information relating to offences and also dubs as offence the failure to furnish information deliberately required by an investigating officer.

The terrorist act has been defined as an act performed by using weapons and explosive substances or other methods in a manner as to cause or likely to cause death or injuries to any person or persons or loss or damage to property or disruption of essential supplies and services with intent to threaten the unity and integrity of India or to strike terror in any section of the people.

The Cabinet also approved the withdrawal of the Criminal Law (Amendment) Ordinance 1995 which is at present pending in the Rajya Sabha. It was further examined by an inter- ministerial group. It was found to be too weak to provide a legal framework for combating terrorism.

The new anti-terrorism measure has been fashioned more or less on the lines of the Prevention of Terrorism Bill, 2000, which was drafted by the Law Commission about a year ago. It could be made the basis of an Act during the coming winter session of Parliament. After the Cabinet's approval, it has moved a step closer towards promulgation of the ordinance by the President which will arm the law enforcing agencies with similar powers as available in a duly enacted law to combat terrorism.

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Section  : National
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