National

Moily’s suggestions tough on the outside, soft inside: Arun Jaitley

NEW DELHI: Including a chapter on terror law in the National Security Act (NSA) 1980, as recommended by the Second Administrative Reforms Commission, would not be sufficient to counter terrorism, Bharatiya Janata Party general secretary Arun Jaitley said here on Wednesday.

He pointed out that the NSA was essentially legislation for preventive detention up to a year. In terrorism related cases, there had to be investigation and prosecution and an exemplary punitive law was needed.

Mr. Jaitley was asked why his party remained silent when in two incidents – one in Nanded and another in Kanpur more recently – Bajrang Dal members were killed while making bombs. Was the BJP not soft on Bajrang Dal terrorism?

His response was “both these incidents took place in States not ruled by the BJP. It was the duty of those State governments to investigate.”

Criticising Congress leader and chairman of Administrative Reforms Commission Veerappa Moily, Mr. Jaitley said “Mr. Moily was completely out of his depth.” There were models for terrorism-related laws in several countries and India should have its own incorporating changes that were needed keeping in mind the special circumstances here. The Moily Commission’s suggestions seem “tough on the outside, but are in fact soft inside.”

Citing a “classic example,” the BJP leader said several accused in the Rajiv Gandhi assassination case could never have been convicted if provisions of the repealed Terrorist and Disruptive Activities Act (TADA) were not applied to the question of admissibility of evidence.

“We need law to help us prove the crime in cases of terrorism,” he said, defending the provisions of the repealed Prevention of Terrorism Act (POTA) that admit confessions before senior police officers as evidence.

Mr. Jaitley pointed out that L.K. Advani as Home Minister had first proposed a federal agency that would be empowered to investigate terrorist incidents. Several Chief Ministers opposed the idea that has once again been proposed by the United Progressive Alliance government.

Mr. Jaitley hinted that since terrorism – as different from law and order – was not mentioned as a subject at all in the Constitution, the Centre, which has jurisdiction over all subjects not specifically mentioned, should automatically have jurisdiction to investigate and prosecute terrorism-related cases. To do this it would need a federal agency.

He emphasised that this was as yet his “personal view” as several BJP Chief Ministers were also opposed to allowing the Centre a foot in on this subject.

He said it was a “grey” constitutional area, but could be explored. Perhaps, no amendment to of the Constitution would be needed to set up a federal agency to deal with and investigate terror incidents.

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