Wednesday, July 17, 2019
Anti Terrorism: Within India Essay
The measure of terrorism Act, 2002 (POTA) was an anti-terrorism legislation en shamed by the parliament of India in 2002. The figure replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act (TADA) (198595), and was support by the governing National classless Alliance. The hazard was repealed in 2004 by the coupled modernised Alliance coalition.The bill was thwarted in the Rajya Sabha (the upper house) by a 113-98 vote,4 alone was passed in a fit session, as the Lok Sabha (lower house) has more seats. It was only the threesome time that a bill was passed by a joint session of both(prenominal) houses of parliament.567Contentshide* 1 Purpose* 2 Repeal* 3 Prominent POTA cases* 4 See also* 5 References* 6 External linksedit PurposeThe act provided the legal framework to streng thus administrative rights to fight terrorism inwardly India, and was to be applied against any persons and acts covered by the provision s within the act. It was non meant as a substitute for action down the stairs ordinary criminal laws.The act delineate what a terrorist act and a terrorist is, and granted supererogatory powers to the investigating authorities draw under the act. To ensure certain powers were non misused and valet de chambre rights violations would not sustain place, specific safeguards were built into the act.8 Under the bare-assed law, a suspect could be detained for up to 180 days without the filing of chargesheet in court. It also allowed law enforcement agencies to withhold the identities of witnesses, and to report a confession made to the legal philosophy as an admission of guilt. Under mending Indian law, a person stub deny such confessions in court, but not under POTA.9edit Repeal one time the Act became law, many reports surfaced of the law existence grossly abused.10 Claims emerged that POTA legislation contributed to corruption within the Indian police and judicial system,1 1 and human rights and civil liberty groups fought against it. The use of the act became one of the issues during the 2004 general election. The United Progressive Alliance committed to repealing the act as part of their campaign. On October 7, 2004, the Union cabinet approved the repeal of POTA.12 NDA and other parties condemned this act of publicity. NDA asked UPA to introduce the Act again, but copulation criticized it and did not pass the Act. In November 2008, by and by the attacks happened in Mumbai, Narendra Modi and Lal Krishna Advani accused UPA establishment for not passing the Act, which would have prevented the attacks.citation needed Activists supported to BJP government for this.edit Prominent POTA cases* Vaiko, a prominent Tamil politician, was controversially arrested under the POTA for his support to the pocket Tigers of Tamil Eelam.1314 * 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 greet by the Delhi Bench of the High hail on a legal technicality.15 * Syed Ali Shah Geelani, the attracter of the Jamaat-e-Islami group, arrested under POTA.1617 * Raghuraj Pratap Singh, a.k.a. Raja Bhaiya, a fragment of the Legislative Assembly of Kunda, India was arrested on the orders of then Chief Minister, Mayawati Kumari. He was sent to put aside under POTA.18
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