From: [email protected]
To:
http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=Rogue-Legislation-03042015016009
Apr 03 2015 : The Times of India (Mumbai)Rogue LegislationGujarat's proposed
law against terror needs safeguards to pass musterThe Gujarat Control of
Terrorism and Organised Crime Bill, 2015, was passed this week by the state
assembly but it has controversial provisions similar to the infamous
POTA.Opposition to this bill has been very vocal state Congress staged a
walkout from the assembly . Save for tinkering around the edges of the bill
originally devised when Narendra Modi was chief minister, ruling BJP in Gujarat
has made little effort to provide explicit safeguards against its abuse.
Like POTA, the Gujarat bill's key provisions would lead to a dramatic expansion
of state police powers. In an astounding departure from due process under IPC,
this bill makes confessions before police admissible as evidence in courts. It
unjustifiably raises from 90 to 180 days the period of detention without
charge, again with an astounding poten tial for abuse. This bill also makes
evidence collected through interception of wire, electronic or oral
communication admissible in court. It provides immunity to police from legal
proceedings for anything done in `good faith'. These are sweeping powers but
the bill contains no safeguards for privacy, transparency or human rights
protection.
Terrorism and organised crime are real threats. But laws such as GCTOC and the
Maharashtra Control of Organised Crime Act, on which the Gujarat bill is
modelled, act as surrogates for thorough investigation, providing alibis for
the shoddy police work that's seen across most states. The Anandiben government
claims that the GCTOC law will thwart cross-border terrorism from Pakistan and
help smash organised crime syndicates. By that flawed logic every frontier
state must have draconian laws to deal with terrorism and organised crime. Why
bring in a new law with expansive powers tilting towards the possibility of its
abuse in a state with a history of police excesses?
When two previous presidents have expressed strong reservations over this
bill's provisions, which could potentially violate fundamental rights and civil
liberties, the Centre would do well to advise an overzealous Gujarat government
to incorporate sufficient safeguards so that the due process of law is not
subverted. Besides, this is an opportune moment for the Centre to push police
reforms and greater police modernisation that stress on developing
investigation and intelligence gathering skills, using state of the art
technologies and enhancing training programmes for the larger goal of cracking
down on organised crime and terror.
