Monday, Jul 28, 2003
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By J. Venkatesan
Responding to the Committee's request asking for comments on the complaints on behalf of the Editor of the Tamil bi-weekly Nakkheeran, R.R. Gopal, and another, the State said the jurisdiction of the panel should be gone into before proceeding with the process of review of the arrests made. The Committee comprised Justice R. B. Saharya, M.U. Rehman, IAS (retd.) and Arvind S. Inamdar, IPS (retd.). Talking to The Hindu, Mr. Justice Saharya said Tamil Nadu had pointed out that it had already constituted a State-level review committee as provided in the POTA and hence there was no need for it to furnish details of arrests to the Central Review Committee. Asked whether the State had replied to the allegations of misuse of POTA in the three complaints on behalf of Mr. Gopal, (one by his father, one from the MDMK general secretary, Vaiko, one memorandum signed by Members of Parliament), he said it had simply explained the arrest without giving comments on the allegations. On whether he would write to the State asserting the Committee's authority, Justice Saharya said, "we know what are our powers. We go by the Centre's notification on the ambit and scope of the committee and hence there is no need for us to explain our position to the State". Tamil Nadu is one of the States where about 40 cases had been registered under POTA. Those arrested under the Act included Mr. Vaiko and P. Nedumaran. He regretted that though the committee had written to 14 States requesting information regarding cases registered under POTA, only five States had responded. Tamil Nadu had given details in respect of nine cases, Delhi (16), Uttar Pradesh (14), Gujarat (2) and Maharashtra (4). Even after reminders were sent, three States which had not invoked POTA had responded but not those States where arrests had been made under POTA. Asked whether the Committee was not handicapped by lack of information, he said "we know how to collect details from other sources and we need not always depend on the Government". The Committee would soon issue notices in leading newspapers calling for information from the public, NGOs and other interested parties about POTA arrests. The help of eminent journalists would also be sought. "If necessary we will go to the respective States for the purpose of review and interact with them," he said. As per the terms of reference, the Committee has been asked to make a comprehensive review of the use of POTA so far in various States. It is empowered to give its findings and suggestions for removing shortcomings, if any, in the implementation of the Act and shall suggest measures to ensure that the provisions of POTA were invoked for combating terrorism only and not to settle scores with political opponents.
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