POTO to POTA (November 14)

Unless there are last minute changes of hearts, the new anti-terrorism ordinance, Prevention of Terrorism Ordinance, POTO is unlikely to become the Prevention of Terrorism Act, POTA. Major opposition parties, including the Congress (I) and some ruling partners are most likely to oppose its passage in the forthcoming winter session of the Parliament. 

At least this is the posture so far. But the ruling BJP is determined to push the act regardless of the prospect of failure. From all appearances though, the information hungry public are likely to be treated to some lively and illuminating debates on the contentious issue of terrorism and methods of tackling it. 

A successor of the Prevention of Terrorism and Disruptive Activities Act, TADA, which had been abolished mainly because of misuse, the introduction of the POTO is so well timed that by and large opposition to it has been coming as an afterthought in most cases. According to the Union Law Minister who recently spoke to a congregation of editors from all over India, most State Governments had given their approval to it when its first draft was first calculated. 

Now many of those who gave their accent the first time, (according to the minister this included West Bengal) are changing their stances. This is not surprising as the POTO came even as the world had not recovered from, or else was still in mourning for the victims of the atrocious attack at the World Trade Center in New York. The BJP government adroitly surfed on the worldwide sense of outrage to push the issue. As the world comes to term with tragedy, and are somewhat able to distance themselves from emotions, the actual debates on the morals of the ordinance are coming to the fore.

As we see it, the POTO or if it ever becomes an act, the POTA, has Kashmir and Muslim militancy as its prime objects. That the national debates on it hardly ever come to be focused on the North-East is already an indicator of this. Not surprisingly so, for with the other acts like the Armed Forces Special Powers Act already in force, POTO can make only peripheral differences. This is despite a few clauses in it which are extremely liable of being misused and more than that, practically impossible to safeguard. 

The clause that seeks to have even journalist share information on insurgents and their modus operandi has already been discussed at length by the media here. Another clause, which we see as even more dangerous, is the one that seeks to have confessional statements during interrogation as admissible evidences in courts. If interrogation by the government forces is what they are supposed to be on paper, there may be nothing to object to this, but the reality is far from this. 

On a daily basis we have been hearing of men and women made to sign on papers, the content of which they were not allowed to read, or else simply forced to admit guilt of offences, or else give clean chits to the uniformed personnel after rampaging raids etc. In short, we are worried about the new vulnerability the innocent public has been placed in. It is no wonder that the ones most shaken by POTO in Manipur are the general public. The fact that the underground courts also have been using confessional statements as evidences in the cases they take up is no consolation for them.

(Courtesy: The Imphal Free Press)

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