Prevention of Terrorist Activities Act
Encyclopedia
The Prevention of Terrorist Activities Act (POTA) was an anti-terrorism
legislation enacted by the Parliament of India
in 2002. The act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act
(TADA) (1985–95), and was supported by the governing National Democratic Alliance
. The act was repeal
ed in 2004 by the United Progressive Alliance
coalition. The bill was defeated in the Rajya Sabha
(the upper house) by a 113-98 vote, but was passed in a joint session, as the Lok Sabha
(lower house) has more seats. It was only the third time that a bill was passed by a joint session of both houses of parliament.
The act defined what a "terrorist act" and a "terrorist" is, and grants special powers to the investigating authorities described under the act. To ensure certain powers were not misused and human rights violations would not take place, specific safeguards were built into the act. Under the new law, a suspect could be detained for up to 180 days without the filing of charges in court. It also allowed law enforcement agencies to withhold the identities of witnesses, and to treat a confession made to the police as an admission of guilt. Under regular Indian law, a person can deny such confessions in court, but not under POTA.
government of India committed to repealing the act as part of their campaign. On October 7, 2004, the Union Cabinet approved the repeal of POTA. However, after the Bombay attacks of November 26, 2008, parliament enacted another anti-terror law known as the Unlawful Activities (Prevention) Act
.
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
legislation enacted by the Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
in 2002. The act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities Act, commonly known as TADA, was an Indian law active between 1985 and 1995 for the prevention of terrorist activities in Punjab. It came into effect on 23 May 1985. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing...
(TADA) (1985–95), and was supported by the governing National Democratic Alliance
National Democratic Alliance (India)
The National Democratic Alliance is a centre-right coalition of political parties in India. At the time of its formation in 1998, it was led by the Bharatiya Janata Party and had thirteen constituent parties. Its convenor is Sharad Yadav, and its honorary chairman is former prime minister Atal...
. The act was repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed in 2004 by the United Progressive Alliance
United Progressive Alliance
The United Progressive Alliance is a ruling coalition of center-left political parties heading the government of India. The coalition is led by the Indian National Congress , which is currently the single largest political party in the Lok Sabha...
coalition. The bill was defeated in the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
(the upper house) by a 113-98 vote, but was passed in a joint session, as the Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...
(lower house) has more seats. It was only the third time that a bill was passed by a joint session of both houses of parliament.
Purpose
The act provided the legal framework to strengthen administrative rights to fight terrorism within the country of India, and was to be applied against any persons and acts covered by the provisions within the act. It was not meant as a substitute for action under ordinary criminal laws.The act defined what a "terrorist act" and a "terrorist" is, and grants special powers to the investigating authorities described under the act. To ensure certain powers were not misused and human rights violations would not take place, specific safeguards were built into the act. Under the new law, a suspect could be detained for up to 180 days without the filing of charges in court. It also allowed law enforcement agencies to withhold the identities of witnesses, and to treat a confession made to the police as an admission of guilt. Under regular Indian law, a person can deny such confessions in court, but not under POTA.
Repeal and reintroduced
Once the Act became law, many reports surfaced of the law being grossly abused. Claims emerged that POTA legislation contributed to corruption within the Indian police and judicial system, and human rights and civil liberty groups fought against it. The use of the act became one of the issues during the 2004 election. The United Progressive AllianceUnited Progressive Alliance
The United Progressive Alliance is a ruling coalition of center-left political parties heading the government of India. The coalition is led by the Indian National Congress , which is currently the single largest political party in the Lok Sabha...
government of India committed to repealing the act as part of their campaign. On October 7, 2004, the Union Cabinet approved the repeal of POTA. However, after the Bombay attacks of November 26, 2008, parliament enacted another anti-terror law known as the Unlawful Activities (Prevention) Act
Unlawful Activities (Prevention) Act
Unlawful Activities Act is Indian law aimed at effective prevention of unlawful activities associations in India.The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the...
.
Prominent POTA cases
- Vaiko, a prominent TamilTamil peopleTamil people , also called Tamils or Tamilians, are an ethnic group native to Tamil Nadu, India and the north-eastern region of Sri Lanka. Historic and post 15th century emigrant communities are also found across the world, notably Malaysia, Singapore, Mauritius, South Africa, Australia, Canada,...
politician, was controversially arrested under the POTA for his support to the Liberation Tigers of Tamil EelamLiberation Tigers of Tamil EelamThe Liberation Tigers of Tamil Eelam was a separatist militant organization formerly based in northern Sri Lanka. Founded in May 1976 by Vellupillai Prabhakaran, it waged a violent secessionist and nationalist campaign to create an independent state in the north and east of Sri Lanka for Tamil...
. - S.A.R. Geelani, a lecturer at Delhi University, was sentenced to death by a special POTA court for his alleged role in the 2001 attack on the Indian Parliament. He was later acquitted on appeal by the Delhi Bench of the High Court on a legal technicality.
- Syed Ali Shah GeelaniSyed Ali Shah Geelani-Early life:Syed Geelani was born in a town called Zoorimunz, Bandipora, in North Kashmir. After his preliminary education in Sopore, he went on to graduate from the Oriental College in Lahore....
, the leader of the Jamaat-e-IslamiJamaat-e-IslamiThis article is about Jamaat-e-Islami Pakistan. For other organizations of similar name see Jamaat-e-Islami The Jamaat-e-Islami , is a Pro-Muslim political party in Pakistan...
group, arrested under POTA. - Raghuraj Pratap SinghRaghuraj Pratap SinghShubham Govil aka Raghuraj Pratap Singh, more commonly known as Raja Bhaiya is an Indian politician and belongs to Bhadri family of Kunda, Uttar Pradesh. He is currently an Independent Member of Legislative Assembly , having been elected from Kunda in the Uttar Pradesh state assembly elections,...
, a.k.a Raja Bhaiya, a mobster and Member of the Legislative AssemblyMember of the Legislative AssemblyA Member of the Legislative Assembly or a Member of the Legislature , is a representative elected by the voters of a constituency to the legislature or legislative assembly of a sub-national jurisdiction....
of Kunda, IndiaKunda, IndiaKunda is a town and a Tahsil in Pratapgarh district in the Indian state of Uttar Pradesh.-Geography:Kunda is located at . It has an average elevation of 89 metres . Kunda is not a very old town and probably was founded during the British Raj....
was arrested on the orders of then Chief MinisterChief MinisterA Chief Minister is the elected head of government of a sub-national state, provinces of Sri Lanka, Pakistan, notably a state of India, a territory of Australia or a British Overseas Territory that has attained self-government...
, Mayawati Kumari. He was sent to jail under POTA.