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 The Congress led UPA with the support of the Left front repealed POTA immediately after forming the government in 2004 and since then it has been in a denial mood all these days refusing to realise the importance of a tough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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