BJP plans joint session of Parliament to pass POTO

By Neena Vyas

NEW DELHI, NOV. 20. The Government today virtually read out the riot act to the Opposition on the Prevention of Terrorist Ordinance(POTO) which has to be converted into an Act this winter session if it is not to lapse - it was being suggested that either the Opposition support the Government to help it approve the ordinance in the Rajya Sabha, or it will get the POTO passed anyhow by calling a joint session of Parliament in which it will have the majority.

It was being conceded that at present the mood of the Opposition was against passing POTO, and even the NDA allies were insisting on some changes fearing that their opponents in the States would use the law, if passed, against them. The Andhra Chief Minister was among those who wanted changes in the proposed legislation.

A joint session of Parliament - which can be called under Article 108 of the Constitution if the Rajya Sabha fails to adopt a bill passed by the Lok Sabha - is being talked about in government circles as a part of its contingency plan. It was admitted that at the moment the leading ruling party, Bharatiya Janata Party, has itself not decided whether it would like POTO to be defeated by the Opposition so that it could turn the defeat into a campaign plank during the coming Assembly elections or it would like the ordinance passed despite the Opposition through a joint sitting.

It seems the Government has already done its homework - although the NDA and its allies are in a hopeless minority in the Rajya Sabha, in a joint sitting the numbers would be 407 in support and 375 against the legislation even if the entire Opposition were to vote against it. And the Government strength is expected to be boosted to 433 (against 349) with the support of the AIADMK and the NCP.

The Congress today let it be known that it considers such tactics as ``Machiavellian'' and ``on such a sensitive issue'' this bulldozing tactic would further aggravate tensions. That was the view of the Congress spokesperson, Mr. Jaipal Reddy, while another leader, Mr. Priya Ranjan Dasmunshi, described it as a ``desperate plan of a desperate Government.'' The party Deputy Leader in the Lok Sabha, Mr. Shivraj Patil, felt that although the Constitution provided for this measure, such a law should not be passed in this manner virtually bypassing the Rajya Sabha.

Mr. Somnath Chatterji of the CPI(M) today reportedly strongly criticised the Government attitude when he told the Parliamentary Affairs Minister, Mr. Pramod Mahajan, that the Government was talking about a political consensus even while it was virtually saying that those against it were supporters of terrorists. It was also being pointed out by Opposition leaders that the Government can hardly claim to be virtuous on this score after it publicly handed over to the Taliban four hardcore terrorists during the Indian Airlines hijack episode.

Apparently, Article 108 has been used to push through legislation only on two occasions - in May 1961 to pass the Dowry Prohibition Bill and in May 1978 the Banking Service Commission (repeal) Bill. It is being pointed out that POTO was entirely a different kind of legislation and moreover the country had had a bitter experience with the now lapsed TADA (which failed to end terrorism).

Government sources indicated that as yet the joint session strategy had not been seriously considered, but clearly it was part of a contingency plan which would unfold in the event of failure of a political consensus on the issue, and after the BJP decided what would be a better thing for it politically - success at getting POTO passed or a defeat of the proposed legislation by the Opposition which could then be used as a campaign point.

But some even in the BJP are unsure whether arming the police with more powers can ever be seen as a popular measure given the experience of TADA, MISA and the Emergency.

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