Author: TNN
Publication: The Times of India
Date: September 16, 2008
URL: http://timesofindia.indiatimes.com/Home_ministry_rebuffs_NSA_call_for_terror_law/articleshow/3486827.cms
In what seems to be a case of one wing of
the government proposing and the other disposing, the home ministry has not
found any wisdom in national security advisor M K Narayanan's suggestion favouring
states having their own anti-terror laws.
Referring to Gujarat's demand for Centre's
consent to its anti-terror law (Gujarat Control of Organised Crimes Act -
Gujcoca), the NSA had in his "internal communication" recently suggested
that the home ministry should reconsider the state government's request. Narayanan
is also learnt to have expressed his "personal" views referring
to similar demands made by other states and security agencies.
Besides Gujarat, the other BJP-ruled states
like Madhya Pradesh and Rajasthan too had requested the home ministry to pave
the way for the President's consent to their respective anti-terror laws on
the line of what Maharashtra has.
The home ministry, however, rejected all the
requests on the ground that the proposed laws of Gujarat, MP and Rajasthan
are too similar to the Prevention of Terrorism Act (Pota) which was scrapped
by the government in 2004.
In the case of the Gujarat law, the home ministry
had on September 10 told the HC in Ahmedabad that it would not approve the
Narendra Modi government having an anti-terror law on the lines of Pota, which
was repealed by the Centre. This was stated in an affidavit by the ministry
when the HC asked the Centre to make its stand clear on the delay in clearance
of the GUJCOCA.
The affidavit says, "It would not be
in consonance with the policy of the Central government, which led to repeal
of Pota, to recommend the passing of any such legislation that contains similar
provisions."
The Centre has also claimed that since the
Bill to repeal Pota was passed by Parliament and assented to by the President,
the executive cannot recommend the passing of a Bill of the same nature by
a state legislature. The Gujarat law has strict rules for bail to accused
involved in terror acts on the line of Pota - making it impossible for the
perpetrators of such crimes to get relief even in the absence of filing of
chargesheet within the stipulated period of 90 days.
Besides, it also provides for treating confession
before a senior cop as evidence in the court unlike the existing provision
of the Unlawful Activities (Prevention) Act which gives credence to confession
only if it is made before a magistrate.
Though Uttar Pradesh too had requested the
Centre last year to give consent to its own anti-terror law (UP Control of
Organised Crime Act), chief minister Mayawati subsequently developed cold
feet and finally withdrew it early this month.
