The Hindu : Decision in Afroze case a face-saver for Cong.?

Online edition of India's National Newspaper
Friday, Mar 29, 2002

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Decision in Afroze case a face-saver for Cong.?

By Mahesh Vijapurkar

MUMBAI March 28. There is scepticism about the Maharashtra Government's claim on Wednesday that it did not influence the decision-making processes that led to the court being asked to drop the POTO charges against Mohammed Afroze, suspected to be an Al Qaeda operative. The police chief, M.N. Singh, in fact, claimed on his return from the United States and the United Kingdom that he had evidence to prove that Afroze was an Al Qaeda man.

The scepticism centres around the timing of the decision — that day during the joint session of Parliament convened to debate POTO the Congress president, Sonia Gandhi, made a strong speech against the law. It is suggested that the Chief Minister, Vilasrao Deshmukh, might have more to do with this step than the Deputy Chief Minister, Chagan Bhujbal, who holds the Home portfolio. Mr. Bhujbal's defence lacked its usual verve on Wednesday.

In all probability, this was a face-saving move for the Congress and Mr. Deshmukh who was initially enthusiastic about the law, having implemented the Maharashtra Organised Crime Control Act (MOCCA) which is more stringent than the POTO. His initial enthusiasm has turned into a trenchant opposition to it, in a bid to fall in line with the stance of the party high command.

On the other hand, Mr. Bhujbal is not in a position to expose the machinations which enabled the court being told that Afroze does not attract the provisions of POTO since the police had acted in a deliberate fashion in invoking it. He needs to ensure that the coalition does not collapse.

The hint that the decision to invoke POTO was taken in the absence of the police chief is discounted because the State's decision to invoke a law in a city which has been a victim of terrorist attack — March 12, 1993 serial blasts — could not have been taken casually by the lower rungs. That the designated judge has said there was a prima facie case to try Afroze under the new law has not made it easy for the Government.

Moreover, Afroze has declined to seek bail saying he intends to complete ``yoga and meditation'' courses in jail. Sources said he wants to keep himself away from the clutches of the terrorist outfits and feels relatively safer inside the prison. He has not even moved to have a lawyer for him.

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