Make it tough

The
UPA government has introduced two important bills in parliament
yesterday, one proposing a ‘National Investigation Agency’ (NIA) and
the other including stringent provisions by amending the ‘Unlawful
Activities Prevention Act’ (UAPA). The Congress led UPA with the
support of the Left front repealed POTA immediately after forming the
government in 2004 and since then it has been in a denial mood all
these days refusing to realise the importance of a tough anti-terror
law. More than that, after every terror attack, the UPA government made
tall claims that the existing laws were enough to curb terror, but
failed to translate its claims into actions.

 

The
apathy shown by the UPA government and its vote bank politics have
resulted in making the country extremely soft and vulnerable to terror.
It has come to such a sorry pass that terrorists can seemingly strike
at will anytime and anywhere. It has taken loss of thousands of
innocent lives for this government to finally realise the importance
and need for a federal investigative agency backed by a tough
anti-terror law. Even now the government’s proposals are half-baked
exposing its vulnerability with regard to minority appeasement and vote
bank politics and unreliable allies.

 

Though
the government has brought in many provisions of the POTA to be
included in the UAPA, it would not be complete without the other
provisions, which have been left out. Also with regards to drawing the
functioning of the NIA there seems to be some confusion, which might
lead to imperfect coordination resulting in failure of investigation.
The government must understand that there is no point in having a
federal investigative agency without the support and coordination of
the state investigative agencies. And if the NIA is not backed by a
strong anti-terror law, its functioning will be fraught with
limitations. Provisions like admissibility of oral and written
confessions in front of Police officers
and Magistrates have to be included and only this specific inclusion
would add weight to the onus on the accused to prove his innocence,
otherwise prosecution might loose some of its sheen.      

 

As
per the new proposals, those who help the terrorists face a minimum of
only five years imprisonment, which needs to be increased to ten years,
the maximum being life imprisonment. Though the centre can suo motu
direct the NIA to take up a case lying with a state government, the
states must be made ‘accountable’ to feed the centre with the details
of such cases and the cooperation and coordination of the state’s
investigative agencies must be made ‘mandatory’.

 

The
introduction of stringent bail restrictions to both Indians and
foreigners, the curbs on usage of weapons and explosives, the
restrictions imposed on logistical support, recruitment and training
have to be welcomed. Another welcome aspect is the provision for
establishment of special courts, day-to-day hearing, protection of witnesses’ identity and in-camera proceedings.

 

Before
the beginning of the debate in parliament, the government must also
anticipate troubles from the Left front and other minority oriented
regional parties demanding the exclusions of certain provisions. But
then, as the main and numerically strong opposition BJP has agreed to
support the passage of the bill, the government may succeed finally.
Even then it would be wise on the part of Congress to listen to the
points made by BJP and include them also in the proposed bills, for
this is an opportunity for it to keep its vote-bank interests away and
act on national interests.

 

Also
the rabble-rousers like the so-called Human Rights Activists and
organisations would move in to create a hullabaloo over the proposed
amendments and the government must ignore them with utmost contempt.
The government must understand the fact that these organisations have
been hiding and keeping quiet showing scant regards to the victims, who
were killed and maimed and that they remained silent without bothering
to even condemn the Mumbai terror attack.

 

Last
but not the least, if the BJP led NDA forms the next government and
brings in more amendments, the Congress has the responsibility of
supporting them, for the safety and security of the nation is at stake.  

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