The Hindu : National : Promise on POTA fulfilled, says Shivraj Patil

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Saturday, Sep 18, 2004

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National

Promise on POTA fulfilled, says Shivraj Patil

By Our Special Correspondent

NEW DELHI, SEPT. 17 . "The promise made by the United Progressive Alliance is thus fulfilled," the Union Home Minister, Shivraj Patil, said after announcing the Union Cabinet's approval to repeal the Prevention of Terrorism Act.

The Congress and its allies, he said, were opposed to four provisions under POTA. First, confession was made an admissible evidence in the court; second, bail provisions were very stringent; third, anyone sheltering a terrorist, including blood relatives and spouses, could be imprisoned for three years and "the most important of them" was that the onus was on the accused to prove himself innocent. The last provision violated the basic tenet of criminal jurisprudence in which the onus of proof was on the prosecution.

"These provisions made POTA a draconian law. It was being opposed for these reasons,'' he said. Mr. Patil declined to set any time frame for the promulgation of the two Ordinances — repeal of POTA and amending the Unlawful Activities (Prevention) Act — because many formalities had to be completed.

A senior Union Home Ministry official said 217 cases registered under POTA were being investigated and the courts were trying 116 cases.

He did not think that the repeal of POTA would result in bail to those accused in the attack on Parliament on December 13, 2001. Mr. Patil declined to compare the definition of a terrorist under POTA and ULPA as that would require a "lawyer's acumen."

High expectations

Speaking on next week's meeting between the Centre and States on naxalism in Hyderabad, Mr. Patil said "we would like to hear what is happening in the States and get to know what they would like to do." Terming the Andhra Pradesh Government's initiation of a dialogue with the People's War Group as a "good idea to talk to them with sympathy and consideration," he cautioned against heightened expectations to resolve a complex problem.

"They are our children. They are angry and we have to show them the right path with affection. We have the forces to deal with violence but that is not the only approach. The way is not simple, there are many intricacies.''

State's `responsibility'

Setting the "record straight" on the Manipur problem, Mr. Patil said he could not spend much time with the representatives of the Apunba Lup, the umbrella body of 32 organisations agitating for the withdrawal of the Armed Forces Special Powers Act from Manipur, because many other delegations were waiting to discuss the situation with him during his first visit to Imphal.

"I have so far not contradicted news reports describing the talks with them as a failure. Now I want to tell you. There were no talks as such. They were bright boys and the discussion was very good. We may not have agreed but that is not objectionable.''

"The only thing we are saying is that there is an elected government in Manipur. The correct course would be to first meet the Chief Minister and then they can meet us. After all they are our boys but we cannot take over the State Government's responsibility," he observed.

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