Kerala HC notice to AG, Centre on POTO

By Our Staff Reporter

KOCHI, NOV. 26. A Division Bench of the Kerala High Court on Monday issued notice to the Centre and the Attorney-General on a public interest writ petition challenging the Prevention of Terrorism Ordinance (POTO). The notice was issued by the Bench comprising the Chief Justice Mr. B.N. Srikrishna and Mr. Justice M. Ramachandran on the petition filed by Mr. K.V. Karunakaran, Kottayam.

The petitioner contended that the Ordinance promulgated on November 24 was violative of Article 123(I) of the Constitution (the power of the President to promulgate ordinances during the recess of Parliament). The Ordinance could not be issued when Parliament was in session. In fact, the Ordinance was promulgated when Parliament was about to begin its session.

The petitioner further submitted that the definition of terrorism in the Ordinance was vague and there was every possibility of it being misused and abused. It would destroy the freedom now being enjoyed by the citizen. Besides, section 32 of the Ordinance which makes confession before a police officer an admissible evidence was against section 25 of the Evidence Act. This section of the Evidence Act placed certain restrictions on the legal validity of extra-judicial confessions.

It was also pointed out that the Ordinance was an interference in the State's subject. Policing was a matter under the State List. The Central Government did not have any power to enact or promulgate any ordinance which had a bearing on the police. The petition sought to quash the Ordinance.

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