The Hindu : An amendment with a message

Online edition of India's National Newspaper
Thursday, Oct 30, 2003

Opinion

Opinion - News Analysis

An amendment with a message

By V. Jayanth

CHENNAI Oct. 29. The Centre and the Tamil Nadu Government seem to be in a ``conflict mode'' now, with State authorities feeling the heat on two crucial and sensitive issues: the ordinance amending the controversial Prevention of Terrorism Act and the notification making environment impact assessment mandatory for all major urban projects, costing Rs. 50 crores or more.

If the amendment has virtually taken away the powers of the State Government in the use of the POTA, the EIA notification may hamper Tamil Nadu's move to take up construction of a new Secretariat complex on the fast track - the Chief Minister, Jayalalithaa, is laying the foundation stone tomorrow.

Government sources are more concerned at the POTA amendment than the Environment Ministry notification. They dismiss the environment assessment move as part of the ``running battle'' between the State and the Union Minister, T.R. Baalu.

Though they do not want to get into the details of the ``new twist'' to Centre-State relations, the sources say it is ``more political'' than legal. The State Government is making its own legal assessment of these measures to see how they can be overcome. But more than the legal impediments, it is the political message from the Centre that is being read here.

The use and alleged misuse of the POTA have been a subject of controversy for long. But it is the MDMK leader, Vaiko's case, which carried weight with the Centre and resulted in the amendment, the sources admit. ``We have information about the number of women and even children charged under the POTA in other States. We have provided all evidence at our disposal to prosecute the cases filed in Tamil Nadu. Charge sheets have also been filed and trial has begun in the special court set up for POTA cases at Poonamallee'', says a senior police officer. The prosecution is only waiting for the Supreme Court verdict in the case challenging Section 21 - dealing with offences of support to a terrorist organisation. It is for the special court to give its ruling, argues the police officer.

As the POTA amendment has not been fully understood here, the authorities are adopting a wait and watch attitude to see how the Central Review Committee goes about its task, armed with the amendment. Any ``directive'' from the Central committee can spark the next legal battle, say the sources.

As for the Environment Ministry's notification, officials here consider it part of the ``on-going battle'' with the Union Minister. ``We had a special notification when the Government chose the Queen Mary's College site. And now, there is another to deal with any site. Though this is not Chennai-centric, the timing of the notification sends out a clear signal of the target'', says an urban planning official.

In ruling party circles, the POTA amendment is seen as ``just another appeasement of the NDA allies here'', more than taking on the State. They do not want to discuss what will happen if the Central committee directs the State to drop the charges and Mr. Vaiko walks out of the Vellore prison, where he has been lodged for more than 16 months. That will be a serious setback to the State administration. But government sources say some of the other States are also expected to be in the same predicament and may be contemplating legal action.

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