Government on Tuesday introduced
two Bills to set up a National Investigation Agency (NIA) with special
powers, and to amend the law to provide for more stringent action to
deal with terrorism effectively.
Unlawful Activities
(Prevention) Amendment Bill, the bill to amend the Unlawful Activities
(Prevention) Act has stringent provisions:
The proposed law increases the detention period to 180 days from just 90. The time for investigation is also 180 days.
If
caught with weapons, law will presume the accused is guilty. But the
difference from Prevention of Terrorism Act (POTA) is that it's upto
the judge to decide on a case-to-case basis.
There will be no bail for a foreign terrorist.
It will be tougher for an Indian national to get bail, public prosecutor has to have a chance to oppose it.
The bill tackles terror financing
and provides for freezing
funds and other economic resources. Terror funding can be punishable
from at least 5 yrs to life imprisonment.
Those using weapons, chemicals etc for terror acts are punishable for up to 10 years.
Then, there's the Indian version of the Federal Bureau of Investigation (FBI).
The proposals give the Centre power over the state in law and order matters. That has been the key reason why it has been delayed for a year with states reluctant to give up their supremacy.
Special courts will be set up with day-to-day hearings for quicker prosecutions.
The
hearings will be in-camera i.e closed to the public and like America
there can be a witness protection programme although its details are
being worked out.
What has been left out of all amendments is a key bit, that confessions before a police officer
remain inadmissible as evidence.
Already,
one big political hurdle appears to have been crossed for the bills.
The main opposition party says it will support the changes even though
it wants tougher provisions.
But some say that they fear it could be misued.
Earlier laws against terror:
POTA: Prevention of Terrorism Act 2002 was repealed in 2004.
Confessions to police could be taken as evidence in court
Accused could be kept in custody for a year
Gave authorities powers to deal with any suspect
TADA: Terrorist and Disruptive Activities (Prevention) Act
Law was in force from 1985-1995
Failed to describe the term "terrorist"
Confession of accused made before police was accepted as evidence
source : NDTV
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