NEWSLINKS US EDITION SOUTH ASIA COLUMNISTS DIARY SPECIALS INTERVIEWS CAPITAL BUZZ REDIFF POLL THE STATES ELECTIONS ARCHIVES SEARCH REDIFF
While the focus is on the drastic provisions of the Prevention of Terrorism Ordinance, there are also provisions within the Ordinance to keep in check malafide actions of police officers.
"Any police officer who exercises powers corruptly or maliciously, knowing that there are no reasonable grounds for proceeding under this Ordinance, shall be punishable with imprisonment which may extend to two years, or with fine or with both," section 57 of the Ordinance said.
In a further check on police, the section provided that if it was proved that a police official had corruptly proceeded against a person, he would be liable to pay damages to the victim as determined by the Special Court.
"If the Special Court is of the opinion that any person has been corruptly or maliciously proceeded against, the court may award such compensation as it deems fit to the person, so proceeded against and it shall be paid by the officer, person, authority or government, as may be specified in the order," section 57(2) said.
The Ordinance also specifies that offences under the new law would be investigated only by Deputy Superintendent of Police in all areas, except Bombay, Calcutta, Madras and Ahmedabad, where the same would be probed by police officials, not below the rank of Assistant Commissioner of Police.
However, it clarified that no suit, prosecution or other legal proceedings shall lie against any serving member or retired member of armed forces or other para-military forces in respect of any action taken in good faith during anti-terrorist operations.
Among the many drastic provisions of the Ordinance, one provides that a person chargesheeted for any offence would automatically lose his passport and arms licence for a period to be determined by a Special Court.
"Notwithstanding anything contained in any other law for the time being in force, the passport and the arms licence of a person, who is chargesheeted for having committed any offence under this Ordinance, shall be deemed to have impounded for such a period as the Special Court may think fit," section 58 of POTO provided.
Related Reports: SIMI, Jaish branded terrorist outfits NHRC clueless about anti-terror ordinance
Tell us what you think of this report
