COMMENT

‘POTO has Political Aim’ AMRITSAR : The All India Congress Committee treasurer, Mr. Moti Lal Vora on November 4, claimed that like the ‘Ram Mandir’ issue, the Prevention of Terrorism Ordinance (POTO) was being brought forth for deriving political benefits in the coming assembly elections in the four states of Punjab, Uttar Pradesh, Uttaranchal and Manipur. He claimed that POTO would not buy votes for the BJP and its allies, as the new ordinance was aimed at curbing civil liberties. The Congress would definitely oppose POTO in Parliament, he added. This ordinance was a part of hidden agenda of the BJP which had been made public at a time when Assembly polls were due in four states, he said. The BJP should have called an all-party meeting after certain constituents in the NDA expressed their opposition to POTO. Referring to the coming polls in Uttaranchal and Uttar Pradesh, Mr. Vora predicted that Congress would come to power in these two states.

Poto is Easy Way Out for Govt. : Ranganath Mishra

Justice Ranganath Mishra, former Chief Justice of India and the first chairperson of the National Human Rights Commission, finds the Prevention of Terrorism Ordinance (POTO) "an easy way out" for law-enforcing agencies.

Do we need an ordinance like POTO?

Ans - For quite some time, we have functioned without TADA. But the existing law is adequate. What’s necessary is its application and proper utilisation. That is not being done.

You want a cover, you want an easy provision to endow you with a lot of powers so that you don’t have to labour hard. Enforcement agencies are always anxious for that.

What is important about the timing of the ordinance?

Ans - For quite some time, the Home Ministry has been attempting to make a substitute provision, and it has taken advantage of the prevailing situation. The ordinance certainly requires to be opposed.

These are hard times. And one should not take advantage of it and make it harder.

Is the situation comparable with 1996, when TADA was scrapped, and now?

Ans - The situation has changed, terrorism has increased. Perhaps, some of the provisions already in existence may not be adequate. But they must be tested and discussed. If we are satisfied that there is an inadequacy, we can make suitable provisions. If the law is already adequate but you want an easier process, that should not be permitted.

Why would you not support an easier process?

Ans - Because it will have an inherent tendency of abuse of human rights. There should be no shortcuts when it comes to people’s rights. This ordinance has the potential of bringing out an anti-human rights culture.

How will the Poto ordinance aid the global anti-terrorism campaign?

Ans - An anti-terrorism campaign is not controlled by one or two provisions. It requires a different type of control. (If fighting terrorism is the sentiment) ... it should be done another way, not by making ordinances.

Why are human rights the first casualty of any anti-terrorism activity in India?

Ans - We have not been able to reach a level of human rights culture yet. Human rights can only be guaranteed by generating such culture. A breach cannot be regulated by law, but through conduct.

Should such an anti-terrorism ordinance be applicable in states in the country where there is no terrorism?

Ans - A competent reviewing authority, perhaps a judicial authority, should look into whether it should be invoked at all in places where there have been no instances of terrorism.

What should the National Human Rights Commission’s approach to POTO be?

Ans - Though it is entirely upto the NHRC, this ordinance is more rigorous in many respects than TADA. If that was opposed, this too should be opposed.

As the NHRCs first chairperson, how did you approach TADA?

Ans - When TADA expired on May 23, 1995, the Government decided to extend it and wanted to pass a Bill. When we at the NHRC learnt about the Government’s intention, we decided to publicly oppose it.

I wrote a letter to every Member of Parliament in both the Houses indicating that the TADA provisions - we had checked up - were being abused in many cases. Bail was being refused; accused were jailed without being produced for judicial scrutiny.

We also came across cases where confession (of the accused) was abused. We learnt that physical pressure was being put on the accused for a confession to be recorded.

There were cases where pins were being put into fingers, where a man was forced to sign a confession by putting pressure on his palm. So we decided that we must oppose such provisions and not allow TADA to be extended.

What was the response of the MPs to the NHRC letter?

Ans - Very positive. Several MPs, including many ministers, wrote to us saying they agree with us, and if there was any such Bill, they would oppose it. The Government, realising the resistance, did not press the issue.

- Kota Neelima
(Courtesy : Indian Express)