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Ordinance a challenge to State power: PIL

By Our Staff Reporter

CHENNAI DEC. 2. An advocate has challenged the recent Central Government Ordinance conferring more powers on the State and Central Prevention of Terrorism Act Review Committees to pass orders on complaints from persons detained under the legislation.

The First Bench, comprising the Chief Justice, B. Subhashan Reddy, and Justice K. Gnanaprakasam, adjourned the public interest litigation petition filed by M.T. Sukumar to Monday for further hearing.

According to the petitioner, the ordinance empowered the committees to pass orders, which would be binding on the State and Central Governments, besides police officials investigating cases. "It will create a parallel authority, along with the special courts constituted for the purpose." It would also dilute the nature of the POTA and provide an "escape route" for the accused.

Maintaining that the Central committee had powers even to direct the State Government to release detenus, the petitioner said it was a "direct interference with the special court's jurisdiction and will handicap the courts in discharging their duties."

Also the amendment, sought to be made through the Ordinance, was made not in the public interest but to ensure the safety of "a union minister". "The amendment is made for saving a Central Minister from the proceedings initiated by the State Government against him."

The petitioner said the amendment was "a bad precedent" and result of "misuse of power." By promulgating the Ordinance, the Centre attempted to "snatch away the powers of the State Government."

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