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Syed Amin Jafri in Hyderabad
A division bench of the Andhra Pradesh high court admitted on Wednesday a writ petition challenging the validity of the Prevention of Terrorism Ordinance promulgated in October by the President of India.
The bench comprising Chief Justice Satyabrata Sinha and Justice V V S Rao issued notices to the Union government, Attorney General Soli Sorabjee and the National Human Rights Commission to file their counter-affidavits within three weeks.
The matter will be posted for hearing within four weeks.
The bench permitted S Ramachandra Rao, counsel for petitioner Bodapati Veera Raghuvulu, to bring to the court's notice any action taken or arrest made under POTO.
Raghuvulu, state secretary of the Communist Party of India, Marxist, has in his petition questioned various provisions of the ordinance, arguing that they would deal a death blow to cherished constitutional values.
In his 35-page affidavit, the petitioner contended that POTO constitutes a serious violation of the right to life and said dangerous consequences were likely to ensue if it was enforced.
He argued that there was no need for new legislation to combat terrorism since there are sufficient laws and 93 statutes to deal with such acts of violence. "POTO is harsher than the repealed Terrorist and Disruptive Activities (Prevention) Act and contains all evils that have been denounced by civil liberties groups," he added.
Among the provisions he has challenged are the power of arrest, forfeiture of property, definition of 'terrorist' and procedures to be followed by the special courts that will try POTO cases.
Terming the provision for preventive detention anachronistic, the petition observed, "The attitude of those in power to curtail freedom on the grounds of enforcing the law of the land is suspect."
EARLIER REPORTS: Opposition parties strongly oppose POTO NHRC seeks details from Centre of anti-terrorism ordinance Anti-terrorism ordinance provides for punishment to erring cops Government to issue ordinance to replace TADA
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