The Hindu : National : `My support for POTA was a serious mistake'

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Friday, Jul 16, 2004

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National

`My support for POTA was a serious mistake'

By Our Staff Reporter

The former Union Law Minister, Ram Jethmalani, releasing the People's Tribunal report, which deals with the Prevention of Terrorism Act and other security legislation, in New Delhi on Thursday. Colin Gonsalves and Nithya Ramakrishnan, human rights lawyers, are also seen. — Photo: Rajeev Bhatt

NEW DELHI, JULY 15. Eminent lawyer Ram Jethmalani said today that his support for the Prevention of Terrorism Act (POTA) was an "important mistake'' made by him. He called it a terrifying Act that must be repealed, lock stock and barrel.

"I was a very harsh critic of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and when I was a member of the Rajya Sabha, I made a compassionate appeal to repeal it. But all the arguments I made to discontinue TADA can apply to POTA. I am glad that I have got this opportunity to publicly apologise for supporting POTA,'' he said.

At a press conference here today to mark the release of the People's Tribunal's report on POTA and other security legislation, Mr. Jethmalani said: "I did support the enactment of the Act, but I now realise it was a serious mistake. I did not realise that such draconian power should not be given to the investigating agencies and police. This power has been misused and very badly, so much so that the debits balance of the Act overwhelms its advantages. I am glad the new Government is bound by its manifesto to repeal the Act and I believe it shall be fulfilled soon."

The People's Tribunal on POTA and other security legislation was held here in March this year. It documented cases of illegal custody, solitary confinement, forced confession, sexual and religious humiliation, encounter killings and disappearances of about 200 people who attended the public hearing. These testimonies, often of innocent people booked under the Act, have been documented in the report.

"There is a deliberate communal bias in the application of POTA and Muslims form an overwhelming majority of its detainees not only in Gujarat, but in Delhi, Maharashtra and Jammu and Kashmir. In Jharkhand, there are 100 cases of POTA against innocent people. The Act is being used against Dalits, people fighting for land and even women. One of the biggest problem with POTA is that it makes custodial confessions admissible in court,'' said the senior advocate of Human Rights Law Network, Colin Gonsalves.

Appealing for the repeal of POTA, Supreme Court lawyer Nithya Ramakrishan said: "I think the problem is that laws like POTA do not depend on the good intentions of one individual. The implementation is in the hands of police and investigating agencies that have on many occasions displayed a lack of conscience. None of us who oppose TADA and POTA are sympathetic to terrorists. But the problem arises when they are seen as in opposition to each other. No one who opposes terror can allow for unaccountable policing that has happened in POTA,'' she said.

Earlier, explaining his reasons for supporting POTA, Mr. Jethmalani said: "The September 11 incident changed everything and the United Nations Security Council conveyed an emergency meeting on September 28 and asked the member States to enact legislations to deal with terrorism. POTA was in accordance with the Council's decision. But even then I should not have supported it. However, the Supreme Court suggested improvements in TADA, which were incorporated in POTA. The Home Minister also solemnly swore that POTA would not be misused like TADA and my opinion mellowed."

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