The Hindu : Govt. comes under fire in RS

Online edition of India's National Newspaper
Thursday, Apr 24, 2003

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Govt. comes under fire in RS

By Our Special Correspondent

NEW DELHI APRIL 23. The Government today came under attack in the Rajya Sabha with the Opposition charging that it had failed to prevent misuse of the Prevention of Terrorist Act (POTA), even as the Deputy Prime Minister, L.K. Advani, said that the review committee would take cognisance of such complaints.

The Opposition charge during question hour was led by Kapil Sibal of the Congress, who objected to a reply by the Minister of State for Home, Harin Pathak that the provisions of POTA were withdrawn against 29 persons in Uttar Pradesh's Sonebhadra district due to "insufficient evidence during investigation".

Expressing surprise, Mr. Sibal asked how people could have been booked under the Act without sufficient evidence. He wondered whether the Government was first taking people into custody and then looking for evidence. "Is this the way the Government works?"

Other Opposition members including those from the Left parties joined Mr. Sibal. Mr. Pathak maintained that his response was on the basis of information provided by the State Government.At that point, the Deputy Prime Minister intervened and assured the agitated members that the review committee constituted by the Government would take cognisance of complaints of misuse. Mr. Advani also clarified that he was not in a position to comment on how the State Governments used the Act.

Earlier, to a question on teenagers in the district having been booked under POTA, the Minister said 45 people, active members of the banned Maoist Communist Centre, were charged under the Act. After an investigation, the provisions of POTA were withdrawn against 29 persons.

The State Government did not accord sanction as required under Section 50 of the Act and hence, provisions of POTA were withdrawn against the remaining 16 persons also.

Referring to the arrest of some people in Jharkhand, Mr. Pathak said the State Government had intimated that three minor youths, in two cases, were also charged under POTA.

The committee constituted to review POTA cases had since exempted them for POTA, he said.

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