The Hindu : National : POTA: clause on confession removed

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Wednesday, Sep 22, 2004

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National

POTA: clause on confession removed

By J. Venkatesan

NEW DELHI, SEPT. 21 . Under the Prevention of Terrorism Act (POTA) — to repeal which the President issued an ordinance today — any confession made by an accused to a senior police officer was made an admissible evidence. This clause has now been removed.

Hitherto an accused could seek bail only at the end of one year, though the Supreme Court had clarified that bail could be sought even before that.

Now it has been made clear that bail could be sought just like under the normal criminal law without waiting for one year.

Detention

The POTA provided for detention of a suspect without charges for three months with the permission of the special judge. This provision has now been deleted.

Under the other ordinance, the Unlawful Activities (Prevention) Act amendment ordinance, interception of communication between terrorists and terrorist organisations, and collection of such information has been made admissible evidence; it also empowers confiscation and forfeiture of proceeds of terrorists, terrorist organisations or obtained through terrorist activities.

The two ordinances have been necessitated as the Government could not introduce Bills in the recently concluded Parliament session. The repeal is in line with the United Progressive Alliance Government's commitment to end the POTA regime.

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