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Onkar Singh in New Delhi
The Union cabinet on Tuesday night decided to bring in an ordinance, Prevention of Terrorism Ordinance 2001, to replace the Terrorist and Disruptive Activities Act, even as the opposition smelt a rat in the move.
"The cabinet has approved the Prevention of Terrorism Ordinance 2001 only this evening. The ordinance has not been issued as yet. But of course it would issued shortly," Minister of State for Home I D Swami told rediff.com on phone from his residence in New Delhi.
Refuting opposition charges of the government bring in the TADA through the back door, especially with the winter session of the Parliament round the corner, Swami said the changed global circumstances have made it necessary for such an ordinance to be enacted forthwith.
"I don't know what the opposition means by bringing TADA through back door. And where is the hurry? The draft of the new act has been with the Law Commission for several months. The cabinet considered the new act only after the Law Commission had given its approval. The government has incorporated enough safeguards in the new act to prevent the misuse by policemen," he said.
TADA was enacted in 1987, and it was allowed to lapse in 1995 when a large number of complaints were received by the National Human Rights Commission against the gross misuse of its provisions by the policemen, often to settle personal scores.
Under the new act, the confessions made in front of a senior police officer would be admissible as evidence in court of law.
"If the charges levelled against a person are not proved prima facie within six months of his arrest, then the person would be entitled to bail under the normal provisions of the Indian penal code," Swami explained.
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