Congress govt in state seeks Pota-like law

MUMBAI: The Congress-led Maharashtra government has virtually demanded Pota (Prevention of Terrorism Act) in a new bottle. Even as Prime Minister Manmohan Singh has been crying hoarse that the existing laws are potent enough to tackle terrorism, state chief minister Vilasrao Deshmukh recently urged the Centre to strengthen anti-terror laws.

At a meeting with union home minister Shivraj Patil two days ago in Delhi, Deshmukh suggested amendments to existing laws to make them more stringent. Some of these suggestions are nothing short of Pota, which the Congress itself had vehemently opposed and which was termed “draconian” by many liberals and human rights activists.

Deshmukh made a Powerpoint presentation suggesting the Centre should consider the provision of at least 45 days police custody on the trot for a suspect in terror-related crimes. He wanted the time given to police to file chargesheets to be extended to 180 days instead of the present 90 days. He also sought special courts for prosecution. All the suggestions for amendments have a ring of Pota to them.

Ujjwal Nikam, best known as the special public prosecutor who saw through the successful convictions in the 1993 serial blasts case, told DNA, “All provisions recommended for amendments were part of Pota. To effectively combat terrorism, we definitely require stringent laws, especially those which can provide ample time to the police to conduct thorough interrogation and establish external and internal links on terror crime. I don't rule out misuse of Pota by investigating agencies.”

State home minister RR Patil told DNA, “We will have to make our existing laws more stringent to tackle terrorism in the state. We also need a central agency for better coordination.”  
 
“Archaic British laws like the Indian Penal Code and the Criminal Procedure Act which were aimed at tackling crime cannot be effective in the current situation,” said an official in the state home ministry.

According to Patil, terror-related crime cases do not stand in a court of law, often frustrating the hard work of the police. “We will have to plug loopholes in the laws,” he said.

The home ministry believes that the Maharashtra-initiated MCOCA, 1999, may have become the model for other states but it was primarily constituted to deal with organised crime in Mumbai, specifically underworld activities.

Meanwhile, the state government is jittery about security along its 720-km coastal stretch and at public hospitals. Deshmukh has called for focused co-ordination from state and central agencies to ensure effective security measures.

Commercial and tourism activities along the coast have increased tremendously in the last few years and Navy and Army officials have expressed concern about inadequate monitoring.

A meeting held at Mantralaya on Thursday to review the law and order situation was headed by Deshmukh and attended by key officials from the police, bureaucracy, Navy, Army, BEST and Railways. An official from the home department said, “Given the background of the 1993 serial bomb blasts where the coastal area played a big role, it has become significant to beef up security along the coasts.”

Officials of the medical education department have been asked to submit a dedicated security plan for state-owned hospitals in Mumbai -- JJ and St George. “For the first time, hospitals were targeted by terrorists in Ahmedabad. A security lapse at public hospitals in Mumbai would pose a serious problem. Vehicular traffic should be restricted in these hospitals,” Deshmukh is said to have told officials.

“JJ has 22 gates and houses staff quarters, a medical college and encroached hutments and witnesses thousands of visitors daily. Security in such hospitals is a challenge before administration,” said Bhushan Gagrani, secretary in the medical education department.

Pota revisited?
Provision of police custody of 45 days in terror-related crimes
Provision for filing chargesheet within 180 days instead of 90 days
Provision for recording of confession by designated police officer to be confirmed before judicial magistrate
Special courts for prosecution

Strong Point of Pota
It allowed detention of a suspect for 180 days without the filing of charges in court. The law enforcement agencies could withhold the identities of witnesses. They could treat a confession made to the police as an admission of guilt. Under present law, a person can deny such confessions in court, but not under Pota.