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Repeal of POTA, a cosmetic exercise

In the editorial "A good year but big promises to keep" (May 23), you have been fair in enumerating the pluses and minuses of the UPA Government's one-year rule. But your observation as a plus point includes an assertion, "It has got rid of the notorious Prevention of Terrorism Act."

I regret to say that this statement is only technically correct in the sense that POTA was repealed by Parliament. But this was a cosmetic exercise because while repealing POTA it provided that, notwithstanding the repeal, in the existing cases any investigation and legal proceedings may be instituted, continued and enforced, and any punishment imposed as if the Act had not been repealed. Put simply, it means all actions taken by the NDA Government and even false cases instituted against Muslims in Gujarat have been given the cloak of legality.

The present position is that 217 cases (involving 1600 persons) are being investigated under POTA and 116 of them are being tried (involving 500 people). Many persons, including women, are in jail for more than two years, with the trial yet to start. What prevented the UPA Government from straightway withdrawing all the cases, considering the urgency shown in withdrawing the case against Raja Bhaiya of Uttar Pradesh even when POTA was in existence?

After all, the NDA was said to have misused its powers under POTA. Why should the UPA Government continue to give its approval to the NDA regime's actions? I consider this one of the most negative trends, taking the shine away from all other pluses. Maybe, it is because a large number of objectionable features of POTA have been retained through amendments to the Unlawful Activities (Prevention) Act, 1967.

Rajindar Sachar,
New Delhi

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