Congress rejects POTO

By Javed M. Ansari

NEW DELHI, NOV. 16. The Congress' top brass, including its Chief Ministers, senior party leaders and AICC general secretaries rejected the Prevention of Terrorism Ordinance (POTO) at a meeting today. ``The legislation is anti-democratic, suffers from serious legal infirmities and is liable for abuse'' the Congress said in a statement.

It pointed out that at the Chief Ministers conference, in August 2000, the Government had promised to consult all parties on evolving a consensus before enacting a legislation to effectively deal with terrorism. Not only did the Government not consult the Opposition, it had adopted a take-it-or-leave-it attitude. The only compromise the party appeared to be willing to consider was that if the Government withdrew the Ordinance and sent it to a select committee of Parliament, it would suggest amendments paving the way for passing the Bill.

Today's categorical assertion puts an end to the speculation doing the rounds about a ``rethink'' in the Congress on POTO. It also means that the Ordinance will be defeated in the Rajya Sabha where the Congress, along with the Left, the RJD and the SP, is in majority.

The decision to oppose the POTO also signals the Congress' resolve to meet the BJP propaganda. Today's exercise was meant to crystallize the party's position and ensure that it speaks in a united voice on the issue. It also brings on board the Congress Chief Ministers, in whose States such as Maharashtra and Karnataka similar stringent laws to fight crime exist. The party spokesperson, Mr. Jaipal Reddy, said the Chief Ministers of Maharashtra and Karnataka today indicated that they had an ``open mind'' on suggestions to amend the harsh and stringent features in the legislation adopted in their States.

The unequivocal position adopted at today's meeting is a clear vindication of the stand adopted by the party president, Ms. Sonia Gandhi. She has been clear from the beginning that the POTO should be opposed and defeated in Parliament. Certain reservations were raised in the party, but ultimately her view prevailed. She had set up a three-man committee comprising Mr. Kapil Sibal, Mr. Jaipal Reddy and Mr. Hansraj Bhardwaj to prepare a note on the issue.

At today's meeting Ms. Gandhi is reported to have fielded the Supreme Court lawyer and Rajya Sabha MP, Mr. Kapil Sibal, to explain the drawbacks in POTO. According to sources, providing the rationale for opposing the Ordinance, Mr. Sibal reportedly read out from the Human Rights Commission report, pointing out that it had observed that there was no need for POTO and that it would serve as a strong weapon for abuse of human rights. He also pointed out legal infirmities, imprecise definition of terrorism, imprecise meaning of membership of terrorist groups and the provision relating to journalists. He also pointed out that certain provisions of the Money Laundering Bill, 2000 that had been rejected by the Select Committee had been included in the POTO.

Amongst others who spoke at the meeting were Mr. Pranab Mukherjee, Mr. Digvijay Singh, Mr. S.C. Jamir and the Maharshtra Chief Minister, Mr. Vilasrao Deshmukh, who explained the features of the Anti-Terrorist Bill in his State. He pointed out that 50 cases were registered under the MOCA of which 13 had led to conviction. He indicated his readiness to consult his alliance partners to look into the need for amendment to the Bill.

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