The Hindu : Karnataka against enforcing POTA

Online edition of India's National Newspaper
Tuesday, Apr 02, 2002

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National

Karnataka against enforcing POTA

By S.K. Ramoo

BANGALORE APRIL 1. The Karnataka Government has expressed its reservations over the implementation of the Prevention of Terrorism Act (POTA) adopted recently by Parliament.

Interestingly, the Karnataka Legislature has already enacted the Karnataka Control of Organised Crime Act (KCOCA) and many of its provisions are "harsher'' than POTA. (And when there was a delay in getting the President's assent for the Bill, the State Government had created a lot of noise).

The Karnataka Cabinet, which had a prolonged discussion on POTA last week, opposed its enforcement. However, the Chief Minister, S. M. Krishna, convinced his colleagues that the opinion of legal and constitutional experts would be elicited on the ramifications and repercussions of its enforcement.

The Karnataka Home Minister, Mallikarjun Kharge, speaking to presspersons after the Cabinet meeting, felt there was no need to enforce POTA as KCOCA was already in place to deal effectively with terrorism and organised crime.

He reiterated Mr. Krishna's stand that legal opinion would be sought on POTA. (Mr. Kharge had earlier said since POTA was enacted by Parliament, it would be applicable to the State).

The Law and Parliamentary Affairs Minister, D. B. Chandre Gowda, however, has gone on record as saying that POTA would be enforced despite the reservations of the Government and the Congress leadership.

The party high command has reportedly instructed all the Congress-ruled States not to enforce POTA.

It has convened a meeting of the Chief Ministers of these States in Guwahati on April 11 for an in-depth discussion on the Act. A final decision may be taken at the meeting.

Besides Karnataka, Maharashtra and West Bengal have enacted their own laws for dealing with terrorism and organised crime.

It is likely that they will argue that there is no need to enforce POTA.

The Union Home Ministry, however, has said POTA is binding on all the States and Union Territories. And the Home Minister, L.K. Advani, while addressing the joint session of Parliament, said that the provisions of the laws enacted by Karnataka and Maharashtra were harsher than those of POTA.

The criticism against KCOCA, which has incorporated several provisions of POTA, is that it has made inroads into the freedom of the Press. Its provisions include restrictions on granting bail, admissibility of confessions, made before police officers, in trials, and holding of trials at the discretion of the special court.

It overrides the convention of protecting journalists against disclosure of a source.

Significantly, the Karnataka Act retains the provisions deleted in POTA which threaten or curtail the freedom of the Press. Under KCOCA, the Press cannot report or publish the statements of the accused or the offender.

The Act protects police officers against complaints. The punishment for abetment is imprisonment for a term of not less than five years, which may extend to life imprisonment with a fine of not less than Rs. 5 lakhs. It also provides for a summary trial by special courts.

The human rights activists in the State have expressed their opposition to several provisions of KCOCA saying that they infringe on the civil liberties and fundamental rights guaranteed under the Constitution

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