Sunteți pe pagina 1din 59

Legal Regime To Combat Terrorism

Chapter 1 Introduction

Terrorism is the systematic use of terror, often violent, especially as a means of coercion. In the international community, however, terrorism has no legally binding, criminal law definition. Common definitions of terrorism refer only to those violent acts which are intended to create fear, are perpetrated for a religious, political or, ideological goal; and deliberately target or disregard the safety civilians. Some definitions now include acts of unlawful violence and war. The use of similar tactics by criminal organizations for protection rackets or to enforce a code of silence is usually not labelled terrorism though these same actions may be labelled terrorism when done by politically motivated groups.

Since time immemorial, terrorist acts have included assassination, seizing hostages and a variety of atrocities that only fiendish minds could devise. Terrorists give innumerable, explanation for their violence. They declare that society is sick and cannot be cured by half measures of reform and that, as the state itself uses the violence, it can overcome only by violence. They also assert that the righteousness of their cause justifies any action they may take-contemporary terrorism involves a group of individuals who are from affluent industrialized society. They seek to destroy this society in the name of some revolutionary concept. Examples of such groups would include The Italian Red Brigade, German Border, The Indian Naxalite Movement, etc. Acts of international terrorism are committed to terrorize nations and governments into compliance.

Terrorism has become a part of modern life. Hijackings, bombings, and assassinations on different continents of the world may seem like isolated attacks, but they reflect an easy reliance on violence as a way to promote social, political, and religious change. They are elements of a pervasive end justifies the means philosophy being followed to its most perverse conclusions. International terrorism has become the scourge of all democratic governments. These democratic governments are accustomed to dealing within a legal structure; often find it difficult to deal with criminals and terrorists that routinely operate
1

outside of the law. However, deterrence is just as much a part of justice as proper enforcement of the laws. Democratic governments that do not deter criminals inevitably spawn vigilantism as normally law-abiding citizens who have lost confidence in the criminal justice system take the law into their own hands. However, lack of governmental resolve is only part of the problem. Terrorists thrive on media exposure, and news organizations around the world have been all too willing to give terrorists what they crave, publicity.

Terrorism and organized crimes are interrelated in myriad forms. Infact in many illustration terrorism and organized crimes have converged and mutated. Some examples are organized criminals may use terror tactics to consolidate their position as well as to safeguard their interest. Also moreover , profits and funds derived from organized crimes can be diverted to terror outfits and terrorist activities. Its a relationship that is mutually beneficial .

Terrorism today poses the gravest threat to Indias sovereignty and integrity. It subverts the fundamental Rule of Law, denies rights to the citizens, endangers the social fabric, and threatens political and economic stability. This should not be allowed to happen. Such a determination can only be effectively expressed through comprehensive counter-terrorism legislation. The new law should enable the state to deny operating space to terrorists and their supporters, deter them from carrying out terrorist acts, ensure the basic rights of the people, and uphold the Fundamental Rights enshrined in the Constitution.

In India, there has been no consistency in policies to deal with terrorism. Political consensus is missing even today. Public debates have often turned into slanging matches with political and communal overtones. Coalition politics has only made matters worse. A strong, responsible political leadership, thus, is paramount to the drafting and implementation of an effective, strong and permanent counter-terrorism law.

Terrorism is the use or threatened use of force designed to bring about political change. Terrorism constitutes the illegitimate use of force to achieve a political objective when innocent people are targeted. Terrorism is the premeditated, deliberate, systematic murder,
2

mayhem, and threatening of the innocent to create fear and intimidation in order to gain a political or tactical advantage, usually to influence an audience.

Terrorism is the unlawful use or threat of violence against persons or property to further political or social objectives. It is usually intended to intimidate or coerce a Government, individuals or groups, or to modify their behaviour or politics. Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a Government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

The mere sound of the word terrorism generates a sense of fear in us. In the last decade, the rate of terrorist activities across the globe has increased by leaps and bounds. It has taken the lives of millions around the world and has posed serious questions about the security measures being adopted by the governments of various countries. Even the so-called superpower of the world- the U.S.A could not survive the brutal attacks on The World Trade centre on September 11, 2001.

But what exactly is terrorism?? Terrorism has often been understood as both a tactic and strategy; a heinous crime and a holy duty; a reasonable response to oppression. Different organizations have different definitions to offer when it comes to explaining this term. The Code of Federal Bureau of Investigation (FBI) in U.S.A defines it as the illegal use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives. But ordinarily, it is understood as an act of terror which influences an audience beyond the immediate victim. A terrorist attack is not only attack on innocent individuals but it is an attack on our sovereignity, unity and integrity and our feeling of nationalism.

India, too has been affected by terrorist violence to a great extent. The reasons for such widespread terrorism in India vary vastly from religious to geographical to caste to history. The Indian Supreme Court took a note in Kartar Singh v. State of Punjab, where it observed that the country has been in the firm grip of spiralling terrorist violence and is caught between
3

deadly pangs of disruptive activities. Apart from many skirmishes in various cities of the country, there were countless serious and horrendous events engulfing many cities with blood- bath, firing, looting and killing even without sparing women and children and converting those are into a graveyard. Appallingly, determined youths lured by the idea of terrorism are indulging in committing serious crimes against the mankind.

The recurring attacks in Jammu & Kashmir and the Maoist attacks in the North-Eastern parts of India reflect the gravity of the situation. In the process, the development as well as the economy of the country has greatly suffered. A large part of Andhra Pradesh, Orissa, Madhya Pradesh, Chattisgarh and Jharkhand right uptil the Nepal border is affected. Two of our former prime ministers lost their lives to this kind of terrorism. In the recent times, the serial blasts in trains in Mumbai on 11 July 2006; the serial bomb blasts in New Delhi in 2008, the blasts in temples of Varanasi and the dreadful night of 26 November 2208 when the entire country was shaken from its roots as a result of the attack on Mumbai are just a few instances to understand the extent to which India is perpetually reminded of the flawscin its internal security and is forced to review the lacunas in its anti-terrorism legislations.

The efficacy of a terrorist act lies in the act itself, but in the publics or gevernments reaction to the act. Indian Governments feebleness is exposed when it comes to handling terrorist threats. In any other country, terrorists are given instant justice the way they hand out death to innocent people. After each major terrorist attack on India, a familiar and routine drill is performed. The President and the Prime Minister issue statements of condemnation after every terrorist attack. The Home Minister after doing the same, issues stern warnings that terrorism would not be tolerated and that the terrorists involved in the attacks would be brought to book. The country is not pacified by such sympathies or statements of condemnation and the aid that is given.

Terrorism is not unthinking violence. Terrorist are very specific for what they want. Terrorist poses the greatest threats to mankind. They know no friends and recognize no rules. Although explosions and stray shooting are terrorist acts, flight hijacking has come to be their most preferred target of spreading terror among the masses of the countries. Previously it was
4

assumed that terrorism in India would be limited to Kashmir only. But this belief has been proved baseless as terrorism has nearly spread all over India. There are many types of terrorist groups depending on what their objectives are.

Terrorism is usually of two kinds: political terrorism which creates panic on a large scale and criminal terrorism which deals in kidnapping to take ransom. Political terrorism is much more dangerous than criminal terrorism as they are well-trained and its become difficult for law enforcing agencies to arrest them in time. For example- hundreds of terrorist are being trained at the Pakistan occupied Kashmir (POK). And in Punjab, there is no doubt that the terrorist are receiving training and weapons from Pakistan. Assam has been the most unstable state in the last few decades. Assam remains the only state in the northeast where terrorism is a major issue. Terrorism is also spread at national level. But the Regional terrorism is the most violent of all. This is because the terrorist think that dying in a terrorist act is sacred and holy, so they are willing to do anything. All the terrorist groups are made with different purposes.

Terrorism is a world-wide problem. By now, the governments throughout the world are realizing that terrorism is a serious threat to dealt with. They believe in the power of bombs and guns over dialogue. Terrorist acts are well-planned. Every terrorist acts usually takes days and even months of preparation. Terrorist are usually young, but the brain behind them are old, seasoned politicians. Terrorists mostly recruit younger people in their group as it is easy to brainwash them. Freedom is the right to every individual. Our freedom is taken from us when terrorism strikes.

Chapter 2

Historical Background

Terrorism has become endemic in India since early 1980s. We have not been able to check it or contain it. What is worse, we have failed to make it politically illegitimate. When a major assassination occurs, we use words such as brutal, barbaric and heinous to describe the act, but in more normal times, we treat it as if it is business as usual.

In 1946-47, the communal riots and the partition had funneled communalism. In Pakistan, the Muslim communalists had risen to power. In northern India Hindu communalism had grown in geometrical proportions. But the national leadership and, above all, Gandhiji had rolled back the tide. The frustrated communal forces had hit back through the agency of Mathura goes. The atmosphere of hatred and violence was sufficient explanation of the dastardly act.

Similarly, in the late 1970s, the Alkalis found themselves at the end of their tether. All their communal demands, including the most unreasonable ones, had been satisfied. The population rations and therefore electoral logic in Punjab 40 percent being Hindus and 38 percent or so of the Sikhs being scheduled caste agricultural laborers and therefore in class conflict with the landed jets-did not favour Alkalis. The Akalis were not able to even once capture state power in Punjab unless they allied with Hindu communalists. The Akali leadership faced three choices; one, abandonment of communal politics, two, and effort to unite all the Sikhs by raising the cry of Sikh religion and identity in danger and three, recourse to violence to capture state power.

The Mumbai terror attacks of November 2008 allowed the world to see that terrorism transcends boundaries, and indeed it has known South Asia for quite some time. Despite the increased news attention towards India and Pakistan more recently, terrorism has existed within the subcontinent well over the past half-century. India is the largest democracy in the world and has been attacked primarily by perpetrators who disagree with India's fundamental stances and policies. These perpetrators are not exclusive to Islamic extremism or Pakistan.

The primary regions effected by terrorism within India are: Jammu & Kashmir, Eastern Indian seven sister states, Central India, Mumbai and Delhi, with numerous other cities effected at some point in the past decade. The below list organizes the terrorist groups by region and discusses their history and goals.

Naxalites: The Naxalites are an insurgent communist group considered terrorists by the government of India. The foundation of the group is to overthrow the government and the upper classes who they believe are responsible for their low standards of living. They are particularly active in rural central and east India. The group likely began in the late 1960s and grew in size and violence particularly in the late 1990's. Currently around 6000 have died as a result of the insurgency and are considered by India's Prime Minister to be the greatest threat to Indian security.

North-East Insurgent Groups- The seven sister states of North-East India are somewhat geograpically isolated from the rest of the subcontinent (Assam, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Manipur, and Nagaland) and have a history of militancy. Probably the most significant and troublesome banned terrorist classified group is: ULFA (United Liberation Front of Assam) which has connections to the Naxalites. Most significant in the demands of ULFA is independence from India and creation of a socialist government. Other indepence seeking insurgent groups in the 7 states include:People's Liberation Army in Manipur, Mizo National Front in Mizoram and National Socialist Council of Nagaland-IsakMuivah of Nagaland.

Punjab- One of the most violent terrorist acts in Indian and Canadian history occurred as a result of Sikh militancy. During the 1980's there was an insurgency for independence from India to create a Sikh homeland called Khalistan. The Indian government eventually intervened in 1984 in a 74 hour firefight. That same year Indira Gandhi was assassinated by her two sikh bodyguards. But the deadliest act occurred in the bombing of an Air India flight from Canada to India that killed all 329 people on board. By the 1990's with the aid of Benazir Bhutto and Pakistan, India had enough intelligence to cease the acts of terrorism and since the early 1990's there has been relative peace in the region.
7

Mumbai and Delhi- There have been eight attacks in Mumbai since 1993, with the largest attack being the March 1993 attacks where a series of 13 bombs exploded, killing 257. The second largest attack was July 2006 after a series of bomb blasts on the trains killed 209. The recent series of coordinated attacks targeting westerners killed 172 and is the third largest attack in Mumbai's history. All of the attacks occurred by Islamic extremist groups. The 2008 attacks have been linked to Pakistani based group Lashkar-e-Toiba (LeT). The 1993 bombings have been linked to Pakistan based Jaish-E-Mohammad (JEM), LeT and mastermind Dawood Ibrahim who remains at large. The 2006 train bombings were also carried out by LeT and the Students Islamic Group of India (SIMI). There have been a few major attacks in New Delhi. The first was in 2001 when the Indian parliament building was attacked and in 2005 after three explosions killed 60 people. More recently there were 5 bomb blasts in September 2008. According to Indian intelligence LET and JEM were also behind these attacks.

Kashmir-Kashmir is an extremely complicated issue with a long history unable to be fully spoken of within this brief context. Tens of thousands have been killed in the several wars and insurgencies which have occurred since 1947. India has accused Pakistan's intelligence agency, the ISI, of training Mujahadeen to fight in the region and also accused Pakistan of supporting insurgencies by LET, JEM. There have been countless attacks within Kashmir including on the legislative building in Srinagar. A total of three wars have been fought between India and Pakistan over Kashmir, often due to an increase in insurgency or militancy activity in the region. All of these terrorist groups who have largely been trained in Pakistan created continual violence and unrest, although the region has been significantly more peaceful since 2001. Although LET, JEM, SIMI and Harkut ul Mujahadeen (HUM) are all militant groups who seek secession of Indian controlled Kashmir to Pakistan there has also been a Kashmiri independence movement led by Jammu and Kashmir liberation front, there was little violence with the group although they carried out two bomb blasts in the capital city of Srinagar. The movement has largely died out since 1995.

South India- Although South India has not seen as much terrorism as other parts of India, there have been a few attacks in Bangalore and until the assasination of Rajiv Gandhi in 1991, the Liberation Tamil Tigers Elam of Sri Lanka were operating within Tamil Nadu.
8

Foundations of violence for Islamic groups such as: LET, JEM, HUM,SIMI
The main issue arises from the Kashmir issue. In very simplified terms the origination of this issue is: at the time of the 1947 partition Maharaja Hari Singh was given a choice of whether his princely state should join India or Pakistan. Before he could make his decision Pakistan attacked Kashmir and India agreed to help in exchange for Singh agreeing to join India. Pakistan viewed this as unfair, eventually another war occurred in 1961 between the two countries and a Line of Control (or LoC) was created that resulted in Pakistan controlled Kashmir and Indian controlled Kashmir. Both sides believe it has all played out against their favor and continue to fight over who is the rightful owner.

Muslim extremists particularly take issue with the fact that Kashmir is a muslim land in Hindu control and believe that because Kashmir is majority Muslim it should be with the Muslim country of Pakistan. India wants to show that a majority Muslim state can peacefully exist in its secular country.

While the Kashmir issue has been around since the partition in 1947, extremist groups have more recently used the mistreatment of Muslims as a motivating factor to attack India. The communal riots of 2002 in Gujarat killed around 1000 people and displaced 140,000, mainly Muslims. The foundation of this riots can be traced back to two incidents: babri masjid and godhra train burning. In 1993 a Muslim mosque called Babri Masjid in Ayodhya was destroyed by Hindu radicals claiming it was the location of the birth of god Rama, this event has outraged Muslims til this day. In 2002 a train was returning from Ayodha with Hindu religious pilgrims and was then attacked by a muslim mob and burnt the train killing 58 pilgrims including women and children. This train incident escalated already existent communal tensions between Muslims and Hindus and resulted in full scale riots targeting Muslims of all ages and both genders. Additionally, atrocities such as rape and mutilation of pregnant women and young girls occurred. Since the riots, the violence and murders of Muslims in the riots has been used as justification for terrorist attacks within India.

Terrorism within South Asia is a topic of gargantum proportion. Although only India was spoken of in this document, Pakistan and Bangladesh play extreme importance in the culmination of events that have occurred within the context of terrorism and India. India continuously accuses Pakistan and even Bangladesh of infiltrating borders and allowing terrorists in the country who help operate SIMI, LET and al-qaeda amongst other groups domestically within India. In fact, India is among the world's most terrorism inflicted country, quite surprising in the land that created Gandhi.

10

Chapter 3

TERRORISM - INDIAN SCENARIO

Terrorism in India has grown to a great extent in the last two decades. The bomb blasts and terrorist attack in many cities like Jaipur, Ahmedabad, Bangalore and attack on Mumbai on 26/11 and recent attack on Pune on 14/2/2010. The terrorist attacks have outraged every patriotic Indian. No civilized nation can allow this kind of barbaric inhumanity to be partly or fully supported or sponsored by any neighbor or domestic insurgents. The only way we can combat it is to minimize, if not eliminate, such occurrences. Prevention is crucial; and laws like Pota can prevent such occurrences.

A common definition of terrorism is the systematic use or threatened use of violence to intimidate a population or government and thereby effect political, religious, or ideological change.Terrorism in India, according to the Home Ministry, poses a significant threat to the state. Terrorism in India are basically two types external and internal, external terrorism emerge from neighboring countries and internal terrorism emulates from religious or communal violence and NaxaliteMaoist insurgency.

After the 26/11 attacks on the Mumabi the Indian outlook towards the terrorist and terrorist organization has changed the laws have become much more stringent to curb such activities. India is facing multifarious challenges in the management of its internal security. There is an upsurge of terrorist activities, intensification of cross border terrorist activities and insurgent groups in different parts of the country.

Terrorism has now acquired global dimensions and has become the challenge for the whole world. The reach and methods adopted by terrorist groups and organization take advantage of modern means of communication and technology using high tech facilities available in the form of communication system, transport, sophisticated arms and various other means. This has enabled them to strike and create terror among people at will. The criminal justice system of India like Criminal Procedure Code ( Cr.p.c.) was not designed to deal with such type of heinous crimes. In view of this situation it was felt necessary to make special anti-terror laws for giving rigorous punishment for theses enmity of the humanity.
11

There are many laws are made in India but the protest of these laws on the basis of the violation of fundamental rights of the people. In post anti terrorism laws in India, protagonists have, however, hailed the legislation on the ground that it has been effective in ensuring the speedy trial of those accused of indulging in or abet terrorism. But after some time these laws have been break down in view of human right. But after 26/11 there is need to much stringent law to end up the terrorist activities.

Terrorism in India started before india got independence in 1947 but that times terrorist activites aim create a fear among the British Ruler and not killed the general People. So we not called these freedom fighters as a terrorist but after 1947 the terrorism actitivites to kill the innocent people. In early times the Kashmir, Punjab and North East Frontier part was affected of terrorism. But in current cinario the terrorism scope has been increase. The regions with long term terrorist activities today are Jammu and Kashmir, Mumbai, Central India (Naxalism) and Seven Sister States (independence and autonomy movements). In the past, the Punjab insurgency led to militant activities in the Indian state of Punjab as well as the national capital Delhi.

In Indian concern for the terrorism, it is the main attribute of the terrorist activities in form of religious terrorism. Religious terrorism is terrorism performed by groups or individuals, the motivation of which is typically rooted in the based tenets. Terrorist acts throughout the centuries have been performed on religious grounds with the hope to either spread or enforce a system of belief, viewpoint or opinion. The terrorist activities in India primarily attributable to Islamic, Hindu, Sikh, Christian and Naxalite radical movements. In current scenario the domestic and external terrorist activities is increasing in India.

Terrorism has immensely affected India. Anti-terrorism laws in India have always been a subject of much controversy. One of the arguments is that these laws stand in the way of fundamental rights of citizens guaranteed by part III of the Constitution. Anti-terrorism laws are laws made by the government which guides the practices, tactics, techniques and strategies that government, militaries, police departments and corporations adapt in response to terrorist threats and acts both real and implied.
12

The need of anti-terror laws in the present scenario .Under Article 355 of the Indian Constitution the central government has a duty to protect states from internal disturbances. The dramatics of the December 13th attacks on the parliament building combined with the September 11th atrocities in the United States, gave rise to need of increasing power of security forces despite long history of past abuses.

The regions with long term terrorist activities today are Jammu and Kashmir, Mumbai, Central India (Naxalism) and the Seven Sister States (independence and autonomy movements). As of 2006, at least 232 of the countrys 608 districts were afflicted, at differing intensities, by various insurgent and terrorist movements. In August 2008, National Security Advisor M K Narayanan has said that there are as many as 800 terrorist cells operating in the country.

First in Varanasi then in Delhi then in Mumbai local trains and I do not think there is even a need to mention the continuing terrorist's barbaric activities in Kashmir. The bomb blasts have outraged every patriotic Indian. No civilized nation can allow this kind of barbaric inhumanity to be partly or fully supported or sponsored by any neighbor or domestic insurgents. The only way we can combat it is to minimize, if not eliminate, such occurrences. Prevention is crucial; and laws like Pota can prevent such occurrences. Acquittals even in a case like Parliament attack occurred because of poor prosecution rather then because of Pota.

After the 9/11 attacks on the world trade center the world's outlook towards the terrorist and terrorist organization has changed the laws have become much more stringent to curb such activities. The Indian outlook also changed specially after the 13 December attack on the Indian parliament which is seen as a symbol of our democracy then it became necessary to enforce a law which would be more stringent so that the terrorist can not go Scot free because after the lapse of TADA in 1995 following the wide spread complaint that it was being abused there was no law which could be used as a weapon against the rising terrorist activities in India.

13

India is facing multifarious challenges in the management of its internal security. There is an upsurge of terrorist activities, intensification of cross border terrorist activities and insurgent groups in different parts of the country. Terrorism has now acquired global dimensions and has become the challenge for the whole world. The reach and methods adopted by terrorist groups and organization take advantage of modern means of communication and technology using high tech facilities available in the form of communication system, transport, sophisticated arms and various other means. This has enabled them to strike and create terror among people at will.

The criminal justice system was not designed to deal with such type of heinous crimes. In view of this situation it was felt necessary to enact legislation for the prevention of and for dealing with terrorist activities

In 2002 March session of the Indian parliament the Prevention Of Terrorist Activities Act was introduced and it had widespread opposition not even in the Indian parliament but throughout India especially with the human rights organization because they thought that the act violated most of the fundamental rights provided in the Indian constitution.

The protagonists of the Act have, however, hailed the legislation on the ground that it has been effective in ensuring the speedy trial of those accused of indulging in or abetting terrorism. POTA is useful in stemming "state-sponsored cross-border terrorism", as envisaged by the then Home Minister L.K. Advani. The Prevention of Terrorism Act, 2002 (POTA), was seen as a controversial piece of legislation ever since it was conceived as a weapon against terrorism.

14

Terrorist attacks in Mumbai include: 12 March 1993 - Series of 13 bombs go off, killing 257 6 December 2002 - Bomb goes off in a bus in Ghatkopar, killing 2 27 January 2003 - Bomb goes off on a bicycle in Vile Parle, killing 1 14 March 2003 - Bomb goes off in a train in Mulund, killing 10 28 July 2003 - Bomb goes off in a bus in Ghatkopar, killing 4 25 August 2003 - Two Bombs go off in cars near the Gateway of India and Zaveri Bazaar, killing 50 11 July 2006 - Series of seven bombs go off in trains, killing 209 26 November 2008 to 29 November 2008 - Coordinated series of attacks, killing at least 172. 13 July 2011 - Three coordinated bomb explosions at different locations, killing 26

Terrorist attacks elsewhere in Maharashtra: 13 February 2010 - a bomb explosion at the German Bakery in Pune killed fourteen people, and injured at least 60 more 1 August 2012 - four bomb explosion at various locations on JM Road, Pune injured 1 person.

New Delhi Indian parliament attack in 2001 Terrorists on 13 December 2001 attacked the Parliament of India, resulting in a 45-minute gun battle in which 9 policemen and parliament staff were killed. All five terrorists were also killed by the security forces and were identified as Pakistani nationals. The attack took place around 11:40 am (IST), minutes after both Houses of Parliament had adjourned for the day. The suspected terrorists dressed in commando fatigues entered Parliament in a car through
15

the VIP gate of the building. Displaying Parliament and Home Ministry security stickers, the vehicle entered the Parliament premises. The terrorists set off massive blasts and used AK-47 rifles, explosives, and grenades for the attack. Senior Ministers and over 200 Members of Parliament were inside the Central Hall of Parliament when the attack took place. Security personnel sealed the entire premises, which saved many lives.

2005 Delhi bombings Three explosions went off in the Indian capital of New Delhi on 29 October 2005, which killed more than 60 people and injured at least 200 others. The high number of casualties made the bombings the deadliest attack in India in 2005. It was followed by 5 bomb blasts on 13 September 2008.

2011 High court bombing The 2011 Delhi bombing took place in the Indian capital Delhi on Wednesday, 7 September 2011 at 10:14 local time outside Gate No. 5 of the Delhi High Court, where a suspected briefcase bomb was planted.[5] The blast killed 12 people and injured 76.

Bihar The existence of certain insurgent groups, like the CPI-ML, Peoples war, and MCC, is a major concern, as they frequently attack local police and politicians. Poor governance and the law and order system in Bihar have helped increase the menace caused by the militias. The State has witnessed many massacres by these groups. The main victims of the violence by these groups are helpless people (including women, children, and the elderly) who are killed in massacres. The state police is ill-equipped to take on the AK-47s and AK-56s of the militants with their vintage 303 rifles. The militants have also used landmines to kill ambush police parties.

16

The root cause of the militant activities in the state is huge disparity between the caste groups. After Independence, land reforms were supposed to be implemented, thereby giving the low caste and the poor a share in the lands, which was until then held mostly by high caste people. However, due to caste based divisive politics in the state, land reforms were never implemented properly. This led to a growing sense of alienation among the low caste.

Communist groups like CPI-ML, MCC, and People's War took advantage of this and instigated the low caste people to take up arms against establishment, which was seen as a tool in the hands of rich. They started taking up lands of the rich by force, killing the high caste people. The high caste people resorted to use of force by forming their own army, Ranvir Sena, to take on the naxalites. The State witnessed a bloody period in which the groups tried to prove their supremacy through mass killings. The police remained a mute witness to these killings, as they lacked the means to take any action.

The Ranvir Sena has now significantly weakened with the arrest of its top brass. The other groups are still active.

There have been arrests in various parts of the country, particularly those made by the Delhi and Mumbai police in the recent past, indicating that extremist/terrorist outfits have been spreading their networks in this state. There is a strong suspicion that Bihar is also being used as a transit point by the small-arms, fake currency and drug dealers entering from Nepal and terrorists reportedly infiltrating through Nepal and Bangladesh.

In recent years, these attacks by various caste groups have come down with better government being practised.

17

Punjab The Sikhs form a majority in the Indian state of Punjab. During the 1970s, a section of Sikh leaders cited various political, social, and cultural issues to allege that the Sikhs were being cornered and ignored in Indian Society, and Sikhism was being absorbed into the Hindu fold. This gradually led to an armed movement in the Punjab, led by some key figures demanding a separate state for Sikhs.

The insurgency intensified during the 1980s, when the movement turned violent and the name Khalistan resurfaced and sought independence from the Indian Union. Led by Jarnail Singh Bhindranwale who, though not in favour in the creation of Khalistan, was also not against it, they began using militancy to stress the movement's demands. Soon things turned extreme with India alleging that neighbouring Pakistan supported these militants, who, by 1983-84, had begun to enjoy widespread support among Sikhs.

In 1984, Operation Blue Star was conducted by the Indian government to stem out the movement. It involved an assault on the Golden Temple complex, which Sant Bhindranwale had fortified in preparation of an army assault. Indira Gandhi, India's then prime minister, ordered the military to storm the temple, who eventually had to use tanks. After a 74 hour firefight, the army successfully took control of the temple. In doing so, it damaged some portions of the Akal Takht, the Sikh Reference Library, and the Golden Temple itself. According to Indian government sources, 83 army personnel were killed and 249 were injured. Militant casualties were 493 killed and 86 injured.

During the same year, the assassination of Indira Gandhi by two Sikh bodyguards, believed to be driven by the Golden Temple affair, resulted in widespread anti-Sikh riots, especially in New Delhi. Following Operation Black Thunder in 1988, Punjab Police, first under Julio Ribeiro and then under KPS Gill, together with the Indian Army, eventually succeeded in pushing the movement underground.

18

In 1985, Sikh terrorists bombed an Air India flight from Canada to India, killing all 329 people on board Air India Flight 182. It was the worst terrorist act in Canada's history.

The ending of Sikh militancy and the desire for a Khalistan catalyzed when the then-Prime Minister of Pakistan, Benazir Bhutto, handed all intelligence material concerning Punjab militancy to the Indian government, as a goodwill gesture. The Indian government used that intelligence to put an end to those who were behind attacks in India and militancy.

The ending of overt Sikh militancy in 1993 led to a period of relative calm, punctuated by militant acts (for example, the assassination of Punjab CM, Beant Singh, in 1995) attributed to half a dozen or so operating Sikh militant organisations. These organisations include Babbar Khalsa International, Khalistan Commando Force, Khalistan Liberation Force, and Khalistan Zindabad Force.

Uttar Pradesh 2005 Ayodhya attacks The long simmering Ayodhya crisis finally culminated in a terrorist attack on the site of the 16th century Babri Masjid. The ancient Masjid in Ayodhya was demolished on 5 July 2005. Following the two-hour gunfight between Lashkar-e-Toiba terrorists based in Pakistan and Indian police, in which six terrorists were killed, opposition parties called for a nationwide strike with the country's leaders condemning the attack, believed to have been masterminded by Dawood Ibrahim.

2010 Varanasi blasts On 7 December 2010, another blast occurred in Varanasi, that killed immediately a toddler, and set off a stampede in which 20 people, including four foreigners, were injured.[7] The responsibility for the attack was claimed by the Islamist millitant group Indian Mujahideen.[8]
19

2006 Varanasi blasts A series of blasts occurred across the Hindu holy city of Varanasi on 7 March 2006. Fifteen people are reported to have been killed and as many as 101 others were injured. No one has accepted responsibility for the attacks, but it is speculated that the bombings were carried out in retaliation of the arrest of a Lashkar-e-Toiba agent in Varanasi earlier in February 2006.

On 5 April 2006 the Indian police arrested six Islamic militants, including a cleric who helped plan bomb blasts. The cleric is believed to be a commander of a banned Bangladeshi Islamic militant group, Harkatul Jihad-al Islami, and is linked to the Inter-Services Intelligence, the Pakistani spy agency

Northeastern India Northeastern India consists of seven states (also known as the seven sisters): Assam, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Manipur, and Nagaland. Tensions exists between these states and the central government, as well as amongst the tribal people, who are natives of these states, and migrant peoples from other parts of India.

The states have accused New Delhi of ignoring the issues concerning them. It is this feeling which has led the natives of these states to seek greater participation in self-governance. There are existing territorial disputes between Manipur and Nagaland.

There is a rise of insurgent activities and regional movements in the northeast, especially in the states of Assam, Nagaland, Mizoram, and Tripura. Most of these organisations demand independent state status or increased regional autonomy and sovereignty.

Northeastern regional tension has eased of late with Indian and state governments' concerted effort to raise the living standards of the people in these regions. However, militancy still exists in this region of India supported by external sources.
20

Nagaland The first and perhaps the most significant insurgency was in Nagaland from the early 1950s until it was finally quelled in the early 1980s through a mixture of repression and co-optation. The National Socialist Council of Nagaland-Isak-Muivah (NSCN-IM), demands an independent Nagaland and has carried out several attacks on Indian military installations in the region. According to government officials, 599 civilians, 235 security forces, and 862 terrorists have lost their lives between 1992 and 2000.

On 14 June 2001, a ceasefire agreement was signed between the government of India and the NSCN-IM, which had received widespread approval and support in Nagaland. Terrorist outfits such as the Naga National Council-Federal (NNC-F) and the National Council of Nagaland-Khaplang (NSCN-K) also welcomed the development.

Certain neighbouring states, especially Manipur, raised serious concerns over the ceasefire. They feared that NSCN would continue insurgent activities in its state and demanded New Delhi scrap the ceasefire deal and renew military action. Despite the ceasefire, the NSCN has continued its insurgency.

Assam After Nagaland, Assam is the most volatile state in the region. Beginning in 1979, the indigenous people of Assam demanded that the illegal immigrants who had emigrated from Bangladesh to Assam be detected and deported. The movement led by All Assam Students Union began non-violently with satyagraha, boycotts, picketing, and courting arrests.

Those protesting frequently came under police action. In 1983 an election was conducted, which was opposed by the movement leaders. The election led to widespread violence. The movement finally ended after the movement leaders signed an agreement (called the Assam Accord) with the central government on 15 August 1985.

21

Under the provisions of this accord, anyone who entered the state illegally between January 1966 and March 1971 was allowed to remain but was disenfranchised for ten years, while those who entered after 1971 faced expulsion. A November 1985 amendment to the Indian citizenship law allows non-citizens who entered Assam between 1961 and 1971 to have all the rights of citizenship except the right to vote for a period of ten years.

New Delhi also gave special administration autonomy to the Bodos in the state. However, the Bodos demanded a separate Bodoland, which led to a clash between the Bengalis, the Bodos, and the Indian military resulting in hundreds of deaths.

There are several organisations that advocate the independence of Assam. The most prominent of these is the United Liberation Front of Asom (ULFA). Formed in 1979, the ULFA has two main goals: the independence of Assam and the establishment of a socialist government.

The ULFA has carried out several terrorist attacks in the region targeting the Indian Military and non-combatants. The group assassinates political opponents, attacks police and other security forces, blasts railroad tracks, and attacks other infrastructure facilities. The ULFA is believed to have strong links with the Nationalist Socialist Council of Nagaland (NSCN), Maoists, and the Naxalites.

It is also believed that they carry out most of their operations from the Kingdom of Bhutan. Because of ULFA's increased visibility, the Indian government outlawed the group in 1986 and declared Assam a troubled area. Under pressure from New Delhi, Bhutan carried a massive operation to drive out the ULFA militants from its territory.

22

Backed by the Indian Army, Thimphu was successful in killing more than a thousand terrorists and extraditing many more to India while sustaining only 120 casualties. The Indian military undertook several successful operations aimed at countering future ULFA terrorist attacks, but the ULFA continues to be active in the region. In 2004, the ULFA targeted a public school in Assam, killing 19 children and 5 adults.

Assam remains the only state in the northeast where terrorism is still a major issue. The Indian Military was successful in dismantling terrorist outfits in other areas, but have been criticised by human rights groups for allegedly using harsh methods when dealing with terrorists.

On 18 September 2005, a soldier was killed in Jiribam, Manipur, near the Manipur-Assam border, by members of the ULFA.

On 14 March 2011 militants of the Ranjan Daimary-led faction ambushed patrolling troop of BSF when on way from Bangladoba in Chirang district of Assam to Ultapani in Kokrajhar killing 8 jawans.

Jammu and Kashmir The insurgency in Kashmir has existed in various forms. Thousands of lives have been lost since 1989 due to the intensification of both the insurgency and the fight against it.

A widespread armed insurgency started in Kashmir with the disputed 1987 election with some elements from the State's assembly forming militant wings which acted as a catalyst for the emergence of armed insurgency in the region.[11][12]

23

The Inter-Services Intelligence of Pakistan has been accused by India of supporting and training mujahideen.[13][14] to fight in Jammu and Kashmir.[15][16] According to official figures released in Jammu and Kashmir assembly, there were 3,400 disappearance cases and the conflict has left more than 47,000 people dead as of July 2009.[citation needed] However, the number of insurgency-related deaths in the state have fallen sharply since the start of a slow-moving peace process between India and Pakistan.

24

Chapter 4

International Scenario

In the recent years, the most powerful country, the USA was shocked when Afghanistanbased based terrorist organizations attacked on it. On September 21, 2011 a disaster took place in the New York City when two hijacked planes were flown straight into the World Trade Centre. 6000 people were killed. The bombing of the World Trade Centre is one of the most deadly terrorist episodes in the world. This violent act of terrorism was mastermind by Al-Qaida leader Osama Bin Laden. After this attack, many challenges took place in front of us. Like- the old security systems were replaced by new and more complicated (also costly) security systems in airports

It takes months and sometimes years for the government to demolish a terrorist group. The best example for this can be the operation Neptune Sphere. It took months of planning and investigation for the U.S.A. to kill Osama. Finally on May 2, 2011 at night in Pakistan he was dead shot. The plan of this operation was not shared with Pakistans government. The saddest thing is that India not only faces terrorism from outside but also from within.

In many cases, the leader of a terrorist group was once in favour of that country. For example- Osama Bin Laden who was once promoted by the U.S.A. against Russia later became the greatest threat to the U.S.A. Terrorism is like a war, which is neither openly fought nor in a fair manner. Terrorism has become a global threat and needs to be controlled from the grass root level to the international level. It is also called that One persons terrorist, another persons freedom fighter. This can be explained with the example of Osama Bin Laden. Terrorism cannot be controlled by the law enforcing agencies alone. The world has to unite in order to face this growing threat of terrorism. Let us hope that the world would be free from this hazard very soon. Without terrorism, the world would become a better place to live in.

25

In the U.S.A following the September 11, 2001 attacks, the Patriot Act has played a key part and often the leading role in a number of successful operations to protect innocent Americans from the deadly plans of terrorists dedicated to destroying America and our way of life. While the results have been important, in passing

The Patriot Act, Congress provided for only modest, incremental changes in the law. Congress simply took existing legal principles and retrofitted them to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network. Congress passed the USA PATRIOT Act in response to the terrorists attacks of September 11, 2001. The Act gives federal officials greater authority to track and intercept communications, both for law enforcement and foreign intelligence gathering purposes.

It vests the Secretary of the Treasury with regulatory powers to combat corruption of U.S. financial institutions for foreign money laundering purposes. It seeks to further close our borders to foreign terrorists and to detain and remove those within our borders. It creates new crimes, new penalties, and new procedural efficiencies for use against domestic and international terrorists. Although it is not without safeguards, critics contend some of its provisions go too far. Although it grants many of the enhancements sought by the Department of Justice, others are concerned that it does not go far enough.

Criminal Investigations: Tracking and Gathering Communications-Federal communications privacy law features a three tiered system, erected for the dual purpose of protecting the confidentiality of private telephone, face-to-face, and computer communications while enabling authorities to identify and intercept criminal communications. The Crime Control and Safe Streets Act of 1968 s give authorities a narrowly defined process for electronic surveillance to be used as a last resort in serious criminal cases. When approved by senior Justice Department officials, law enforcement officers may seek a court order authorizing them to secretly capture conversations concerning any of a statutory list of offenses.

26

Criminal Investigations: Tracking and Gathering Communications-Federal communications privacy law features a three tiered system, erected for the dual purpose of protecting the confidentiality of private telephone, face-to-face, and computer communications while enabling authorities to identify and intercept criminal communications. The Crime Control and Safe Streets Act of 1968 s give authorities a narrowly defined process for electronic surveillance to be used as a last resort in serious criminal cases. When approved by senior Justice Department officials, law enforcement officers may seek a court order authorizing them to secretly capture conversations concerning any of a statutory list of offenses.

Foreign Intelligence Investigations- The Act eases some of the restrictions on foreign intelligence gathering within the United States, and affords the U.S. intelligence community greater access to information unearthed during a criminal investigation, but it also establishes and expands safeguards against official abuse. More specifically, it: permits roving surveillance (court orders omitting the identification of the particular instrument, facilities, or place where the surveillance is to occur when the court finds the target is likely to thwart identification with particularity).

27

Chapter 5

Causes of Terrorism

The main causes of terrorism are political and social injustice. Most terrorists have faced social injustices. For example, the terrorists have faced poverty and unequal distribution of resources. The gap between the rich and the poor has widened greatly for the last three decades. This has resulted to unequal distribution of income. Hence, this has caused violence in the country. Political injustices like exclusion of certain groups and poor governance have also led to violence. Most groups excluded from the political systems use terrorism as a means to achieve their political goals. Corrupt governments have also forced minority groups to use violence to eliminate them. Religious factors have also led to violence. So, social justice is essential to stop terrorism.

There are, however, substantial differences between wars waged by established governments and wars waged by terrorists. Established governments have substantial control over the territory and people they administer. They can start a war, they can stop a war. Terrorist wars are not started by terrorist leaders, nor can they be stopped by terrorist leaders. Terrorist wars are not the result of decisions by leaders, they are the result of feeling by groups of people, united by national, religious or similar ties, of injustice (real or imaginary), which generate hatred towards the oppressors and desire to liberate themselves from the oppressors or to redress the injustice. Sooner or later the more determined and capable members of such groups join together to fight for the common cause, and natural leaders emerge to lead the fight.

These leaders have control over their followers only as long as they continue the fight. They can only stop after the fight has been won, or the feeling of injustice motivating the fight disappears. If they try to stop the fight without having achieved the results, they lose their authority as leaders and are replaced by others prepared to fight on. This is why attempts to achieve peace in Ireland and Palestine by reaching agreement between terrorist leaders, turned politicians, and their opponents have invariably failed.

28

Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. Social justice is based on the concepts of human rights and equality and involves a greater degree of economic egalitarianism through progressive taxation, income redistribution, or even property redistribution. These policies aim to achieve what developmental economists refer to as more equality of opportunity than may currently exist in some societies, and to manufacture equality of outcome in cases where incidental inequalities appear in a procedurally just system. The Constitution of the International Labour Organization affirms that "universal and lasting peace can be established only if it is based upon social justice.

It is a bit unfortunate that we as a country are facing hostilities from our neighbouring countries since independence. Pakistan since its creation has always harboured terrorist elements against India with an intention to destabilise our country. China the Big Brother supports Pakistan in their endeavour to divide India.

We face threats from Bangladesh and from Sri Lanka in the South. Since we have open borders with Nepal, terrorists use Nepal as easy entry and exit points. Our borders with Pakistan and Bangladesh are porous and not fully sealed. We face trouble on the North -East side with China claiming Arunachal Pradesh.

These countries hobnob with these terrorists and have helped them to establish their bases from where they can carry out their evil acts. So all the expertise for planting Bombs on soft targets come from these countries. But not everything can be done from these foreign bases. So they take advantage of the unemployed youth and others who fall easy prey to their indoctrination and create local groups who forment trouble in all cities across India. They take help from some political class and the corrupt officials provide fodder for their entry and exit from India.

29

So Terrorism is not about Muslims only and their quest for Jihad. Not all Muslims are terrorists and not all terrorists are Muslims. India's 140 million Muslims are a salutary negation of the facile thesis about Islam's incompatibility with democracy. The terrorists that we encounter today are not men who commit evil acts out of revenge. For these men indoctrinated by outfits like the Al Qaeda and the Dawood gangs, terrorism is a full fledged profession.

The cold blooded killers of Ahmedabad last week went about with their tasks with clinical precision.. They did it because it was a job they wanted to do. Only few Muslims believe that these phonies are fighting for any cause but their own. Hindus have stopped fulminating against terror despite the heavy toll it takes each time. For these terrorists who are invisible, they have no Agenda. They do it in the name of Jihad or some linguistic or religious cause, which a common man does not identify himself with.

India earned its reputation as a soft state that can be intimidated into meeting terrorists' demands. Our then foreign minister in the year 1999 in the month of December personally escorted three terrorists freed by India in order to secure the release of passengers of a hijacked Indian Airlines flight to Tliban controlled Afghanistan. This act led to the 9/11 attack in New York as one of these very terrorists was later implicated in the 9/11 attacks. Tough rhetoric and reactive government policies and Draconian acts like the POTA will not serve the cause for curbing such terrorism. It will only result in violation of human rights and engineer more youth to fall prey to such terrorist organisations. We have to break out of this trap that we have imposed on ourselves.

Democratic politics, political freedoms, civil liberties and religious tolerance must be protected at all costs. The corruption and politicisation of the police forces must be

minimised. We need a dedicated and an unbiased police force. Criminalisation of politics must stop. Instead, we have number of parliamentarians with pending criminal cases. Some jailed parliamentarians also cast their vote on important National issues which is alarming! Terrorism prospers and thrives in such conditions. In a way, Poverty is an incubator of terrorism and a root cause of corruption.
30

It breeds the Naxalites and the local terrorist groups. The government needs to be tough in implementing reforms to maintain rapid economic growth and uplift the status of its downtrodden people.

More importantly, India's terrorism problem is largely specific to Kashmir. There is a difference between terrorists and freedom fighters and one should not equate them. India must muster International support in this issue and put pressure on Pakistan to stop supporting these terrorists. India habitually points fingers at Pakistan which is the hotbed and the epicentre of terrorism all around the world. But merely pointing fingers will not help matters. For a small country like Pakistan to be able to infiltrate groups of Indians and recruit them to the terrorist's cause indicates failures of the intelligence on the other hand. We have to look into this fact.

There is no co-ordination between the central intelligence agencies and the states. Each points a finger at others each time a bomb blast takes place. This is matched by the flaws of the criminal justice system, which is rudimentary by the standards of mature democracies. Whether it is the Bombay bomb blasts of 1992 or the Gujarat riots in 2002, justice takes many years to deliver. Justice has neither been done, nor seen to be done. India needs to be tough but not reactionary to the causes of terrorism.

Political terrorism is recently the most often type of terrorism used. Political terrorism tends to involve violence against civilians or other noncombatants. In North America, we have seen many cases of political terrorism such as: Oklahoma City bombing, the World Trade Center bombing and many more. Terrorists use acts of taking hostages, car and truck bombing and assassinations for political terrorism. Individuals or small groups disagreeing with certain polical parties or political leaders causes political terrorism. If terrorists expect to terrorize the general public their actions must reach beyond the military and into the civilian population itself. They must give the given population the sense of fear that anyone can become a victim of terrorism at any time. This is the only way they can gain enough power to obtain their political goals.

31

Terrorist acts committed against religious groups dates back to the 1st century when the Zealots, a Jewish religious group, fought against Roman occupation of now what is Israel. During the 12th century in Iran, the Assassins, a group of Ismails conducted terrorist acts against religious leaders of Sunni Islam. Through the 18th century, terrorists generally committed acts against religious groups. In Ireland, organizations called the IRA (Irish Republican Army) have been fighting with the Loyalist Protestants just because they are different religions. Another well know religious terrorist group is the Palestine Liberation Organization (PLO). The PLO was set up in 1964 by an Arab League decision in response to growing signs of Palestinian unrest.

The Palestinians desired to reclaim the lands occupied by Israel, which they felt belonged to them, as said in the Bible. Initially, the PLO had a broad base of support and represented the desires of the majority of the Palestinian people. Terrorism targeted against religions is the foundation of prejudgment.

Terrorism targeted against the government is mainly accomplished by large terrorist organizations. They use innocent people as prime targets by kidnapping or taking hostages. This act is the most common act used by terrorist to get the governments awareness. In fact, the more innocent the better.

The purpose of many terrorist acts is to cause fear in the "common man". By attacking innocent bystanders, the terrorist hopes to strike fear in all those who can identify with the victims. Therefore, the terrorist will invariably attack common carriers such as aircraft, buses, ships, etc. Or will attack a shopping center, market, bus depot, airport, restaurant, or other commonplace public gathering place. Terrorists may target an important public figure or a family member to get to the government.

32

A politician and his family may also be terrorists targets depending upon their connection with the government. Terrorists, of course, are at war with the world, and this is how they "justify" their murder of innocents. Thus Terrorists convince themselves that no one is "an innocent". Reality is, of course, that Terrorists are never innocents and their targets are nearly always innocents.

Political terrorism usually takes place within the confines of a country. Different political organizations develop differing political views as to where the country should be going. Lines are drawn between conservative and liberal socialist ideology. One usually blames the others for the state of the country's poor economic and social condition.

Economic terrorism occurs as an opposition to capitalist ideology. It can take place anywhere in the world and against a particular country, a Financial organization or a company. The most infamous case of economic terrorism is 9/11 but there are others like Oil pipeline bombings in Nigeria, and mining company bombings in south America. On Sept 11 2001 the Terrorist organization Al-Queda led by Ben Laden organized a major economic statement against the center of world capitalism, the twin towers that housed the World Trade Organization. Since then Al-Queda has vowed to attack every symbol of US imperialism anywhere in the world and has been affective or thwarted on several other occasions.

In most middle eastern countries where Islam is the major religion the country is politically subjected to strict religious and social laws. Western culture is frowned upon. Over the past 25yrs the world has changing through the insistence of Globalization. Major western corporations want into the middle east but religious fundamentalists want them kept out allowing only the oil giants to operate under strict guidelines. Over time small but well funded Islamic fundamentalist groups like Al-Queda who dislike increasing economic and cultural influence into Islamic regions have taken up the cause for the defense of Islamic values.

33

Religious terrorism is arguably the most dangerous of the three major forms of terrorism. It started thousands of years in the middle east and is the product of festering grievances between Islam, Judaism and Christianity. Religious ideology can be considered a step-father of the others because it can and does greatly influence ones political and economical views. The more religious a person is the more conservative he tends to be and the less religious the more Liberal. Conservatives are usually upset about the moral principles in relation to the lifestyle of a people and culture. For thousands of years there have been brutal wars between the Jews of Israel and their surrounding Arab neighbors. Over time the Jews became fragmented and most were either driven out or voluntarily re-located into Europe, Asia, Africa, and the United States.

34

Chapter 6

Anti - Terrorism Laws

Terrorism has immensely affected India. Anti-terrorism laws in India have always been a subject of much controversy. One of the arguments is that these laws stand in the way of fundamental rights of citizens guaranteed by part III of the Constitution. Anti-terrorism laws are laws made by the government which guides the practices, tactics, techniques and strategies that government, militaries, police departments and corporations adapt in response to terrorist threats and acts both real and implied.

The need of anti-terror laws in the present scenario .Under Article 355 of the Indian Constitution the central government has a duty to protect states from internal disturbances. The dramatics of the December 13th attacks on the parliament building combined with the September 11th atrocities in the United States, gave rise to need of increasing power of security forces despite long history of past abuses.

The United Kingdom adoption of the Prevention of Terror Act and United States PATRIOT Act strengthened the notion that other countries had acknowledged the need to move beyond traditional domestic criminal procedure in order to properly battle terrorism. In one of the Indian cases in which the Supreme Court took note of it in Kartar Singh V. State of Punjab, where it observed that country had been in the firm grip of spiraling terrorist violence and its caught between deadly pangs of disruptive activities.

The first law made in independent India to deal with terrorism and terrorists activities that came into force on 30th December 1967 was- The Unlawful Activities (Prevention) Act 1967.This was an act to provide for the more effective prevention of certain unlawful activities of the individual and associations and for matters connected there with. The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state. The myth of UAPA Act is that it containing a number of draconian clauses. On 14 May, 2007 a prominent doctor and human rights defender Dr Binayak Sen was arrested under this act by Chhattisgarh government. This raised a lot of criticism of this act again and 22 Noble Prize winners wrote to Indian Government in response for release of Dr Sen, arguing that he is
35

charged under two internal security laws that does not comport with international human rights standards. Now after the November 26-29 attack UAPA Act has been amended. Now it is also applicable to the entire country, which was originally not extended to the strife-torn state of Jammu and Kashmir.

In Kalyan Chandra Sarkar V. Rajesh Ranjan @ Pappu Yadav and Anr the court stated that the law in regard to grant or refusal of bail is very well settled. The hardcore reality is that The Unlawful Activities (Prevention) Amendment Act,2008 is what is called true example of Repeating the mistakes of past. The new definition now includes acts done with the intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India, and offences related to radioactive or nuclear substances, and even attempts to overawe, kidnap or abduct constitutional and other functionaries that may be listed by the government. The list is potentially endless. Under the Act, an accused can be held liable in police custody for 30 days, and further detained without charges for 180 days, although courts can restrict the period to 90 days. This is a travesty of constitutional rights and the rule of law. Even worse is the presumption of guilt in case there is a recovery of arms, explosives and other substances, suspected to be involved, including fingerprints on them.

The police in India routinely plants such arms and explosives, and create a false record of recovery.When coupled with the denial of the presumption of innocence, the 2008 amendment empowers the government to construe anything as a terrorist act. This is a dangerous development that threatens ordinary citizens who may be prosecuted under the amended UAPA if it is politically convenient. Under this act Central Government has the power to freeze, seizeattach and prohibit use of funds, financial assets or economic resources of individuals suspected to be engaged in terrorism. Thus anyone could be targeted if the government had an interest in freezing their assets or preventing their entry into India, and accused would have little recourse, as suspicion is inherently difficult to disprove.

36

The 2008 UAPA amendments reinstate draconian laws from the past and, in some cases, have been made a permanent feature of the criminal justice system. Terrorist and Disruptive Activities (Prevention) Act and Prevention of Terrorists Activities Act were at least only temporary legislative frameworks, with provisions for their review, and if required withdrawal. The 2008 amendments lack these review mechanisms. Indias UAPA 2004 grants immunity from prosecution to the Indian and State governments, and their employees. Additionally, the 2008 UAPA amendments provide very limited judicial oversight of criminal proceedings. The 2008 amendments have not altered the provisions in the 2004 Act regarding immunity from prosecution for government officers and authorities and for members of the armed forces. Thus, an individual wrongly arrested, detained and/or imprisoned has virtually no legal recourse to seek compensation or combat impunity.

Terrorist and Disruptive Activities (Prevention) Act, 1987(TADA)


The second major act came into force on 3 September 1987 was the terrorist and disruptive activities (prevention) act 1987 this act had much more stringent provisions then the UAPA and it was specifically designed to deal with terrorist activities in India . When TADA was enacted it came to be challenged before the apex court of the country as being unconstitutional. The Supreme Court held its constitutional validity on the assumption that those entrusted with such draconic statutory power would act in good faith and for the public good in the case of Kartar sing vs. state of Punjab. However, there were many instances of misuse of power for collateral proposes .TADA lapsed in 24 May 1995 other major antiterrorist law in India is The Maharashtra control of organized crime act 1999which was enforced on 24th April 1999.

The armed force special powers act (hereinafter AFSPA) dealt with a targeted, troubled region within India, The terrorist and disruptive activities (prevention) act of 1987 (hereinafter TADA) was an anti-terrorist legislation that was meant to apply throughout India. TADA allowed for the admission of confessions of detainees in police custody in legal proceedings against them. TADA prescribed various disruptive activities which included

37

not only acts that disrupt the sovereignty or territorial integrity of India ,but also acts which question such sovereignty or territorial integrity or support any claimdirectly or indirectly for the secession of and part of India from the union.

Finally, TADA created a presumption of guilt in situations where arm or explosive were found ,in the possession of the accused, which were similar to those used in the terrorist act or in cases where the accused fingerprints were found at scene or vehicles used in terrorist act ,or where the accused rendered any financial assistance to a person accused of or reasonably suspected of a terrorist act, of the 52,998 people detained under TADA at the end of 1992 a mere 434 or 0.81% had been convicted. It is submitted that, the shadow of TADA continues to loom as, even though TADA is longer effect, as the state retains the power to charge suspected persons retroactively for crimes committed during its enactment. Under TADA the conviction rate was less than 1% despite the fact the confessions made to the price, even though being given under torture were admissible as evidence .TADA where 98%of the cases never reached the trial stage this section 48(2) also be misused by the police by keeping an accused for long period of detention without charge could not be trial.

Prevention of Terrorism Act, 2002


On the 13th of December 2001, five Pakistani terrorist attacked the Indian parliament, killing seven people and placing the country into heightened state of alert, in response to the domestic pressures for the failure to crack down on terrorism, like its American counterpart the Indian central government on 26 March 2002, passed the prevention of terrorism act, though joint session of parliament, to enhance Indias ability to crack down to possible terrorist threats. The criminalization of abetting a terrorist, which had been struck down in TADA by the Indian supreme court was revived under POTA. Section 20 of POTA presumes that an individual charged with being a member of a terrorist organization is a terrorist unless that person can show that he or she has not participated in terror activities and that the organization itself was not declared illegal by the state at the time when person joined. Hence by placing this type of onus on the individual, the state inevitably inhibits those peaceful persons who might wish to join a non mainstream association but fear that doing so could

38

subject them to potential arrest or at the very least to the hassle of having to prove their innocence.

Furthermore, section 57 of the act gives the governmental authorities immunity from prosecution under POTA as long as the actions taken to combat terrorism are done in good faith. Moreover, POTA has established special court to handle cases of terrorism. Under section 49(2), of POTA the police may place a suspected terrorist in jail for up to ninety days without any court proceedings. On the 11th of July, 2002 in the state of Tamil Nadu, Vaiko a leader of opposition political party was arrested and charged of violation of section 21 of POTA which prohibits the promotion of any terrorist group explicitly banned by the statute .Vaiko had made remarks in support of the liberation tigers of Tamil Eelam an organization deemed terrorist by the central government. According to the state government on the 29th of June 2002, Vaiko in a speech allegedly stated I was, I am and I will continue to be a supporter of the LTTE .Two weeks later, P. Neduraman another opposition leader in Tamil Nadu was arrested under POTA for similar charges.

In April 2003, Vaiko petitioned the Supreme Court to declare section 21 of POTA as unconstitutional. In December 2003 , a two judged bench of the court refused to grant release and upheld the validity of section 21 however it opined that the special court not find an individual guilty of violating this section for expressing only moral support to banned terrorist group. In Uttar Pradesh 25 Dalit were arrested under POTA between April and July 2oo2 .

Tribals in the area claim that POTA has been used to characterize their str uggle for workers right as membership in the banned, extreme leftist Maoist Leninist groups known collectively as naxalites. In one district, "nine out of twelve people arrested were bonded laborers who refused to return to work because of the physical abuse of their employer." POTA has been used in a similar way in the state of Jharkhand on the 19th of February 2003, almost 200 people were arrested under POTA, including a twelve year- old boy and an eighty one year old man. After the Gujarat communal riots the Gujarat police arrested hundreds of Muslims and charged them with violating POTA not a single Hindu has been charged under POTA.
39

Article 14 of the constitution of India reads, the state shall not deny any person equality before law or the equal protection of laws furthermore, article 15 reiterates this tenet more specifically by prohibiting the state from discriminating against any citizen on the basis of religion, race, caste, sex place of birth or any of them.

Two years from the enactment of the POTA a number of issues as to possibilities of misuse of the provisions of the anti-terror law including the targeting of minorities and using it against political opponents had arisen. In Gujarat all except one of the POTA detainees are from the minority and in Tamil Nadu and up to the ostensible anti-terror law has been abused to look, without lucidity and accountability political opponents and underprivileged communities respectively. the development after the enactment of the POTA ,including the responses received by the POTA review committee show that the POTA is worse than TADA .POTA provides for criminal for criminal liability for mere association or communication with suspected terrorist without the possession of criminal intent(section 3(5)of the POTA)section 4 of POTA is similar to section 5 of TADA in laying out the legal presumption that if a person is found in unauthorized possession of arms in a notified area ,he/she is automatically linked with terrorist activity .Sec48(2)provides for the option of pre-trial police detention for up to 180 days.

The act effectively undermines the tenet of criminal justice system by putting the burden of proof on accused. Further legal representatives of the accused can be present for the part of the interrogation. Moreover police officers can be prosecuted for abusing their authority. The POTA also provided that victims could pay compensation. At the peoples tribunal of POTA and other security legislation and other security legislation at press club in new Delhi on July 16,2004 a 629 page report based on depositions made before the tribunal by victim s and their families from ten states in India as well as expert depositions by lawyers and activists show that such security legislations grant sweeping powers to authorities ,which hassled to misuse of these power and severe restrictions of basic rights .at the same time, such legislation do not address the political ,social and economic roots of the problem. The tribunal concluded that the review of victim and expert testimony showed that the misuse of the act is inseparable from normal use.

40

Finally on September 17 2004 the Union Cabinet in keeping with the UPA governments common minimum program approved ordinances to repeal the controversial prevention of terrorism act 2002(POTA) and amend the Unlawful Activities (Prevention) Act 1967, home minister Shivraj Patil said that government would provide a sunset period of one year during which all cases pertaining to POTA would be reviewed by the central POTA review committee. He added there would be no arrests made after the ordinance is promulgated. To fill the lacuna that have been created due to repeal of the act adequate, amendments were being brought to the unlawful activities (prevention) act 1967to define a terrorist act and provide for banning of terrorist organization and their support systems including funding of terrorism attachment and forfeiture of proceeds terrorism etc.

All terrorist organization banned under POTA would continue to remain banned under the unlawful activities act, after the repeal of the act. Some of the clauses contained in POTA which will be completely dropped in the amended unlawful activities act are the onus on the accused to prove his innocence , compulsory denial of bail to accused and admission as evidence in the court of law the confessions made by the accused before the police officer.

A multi-prolonged approach has been advocated by the Second Administrative Reforms Commission; incorporating legal reform, improved institutional efficiency, increased resources, and socio-economic development and equality. Such an approach is better placed to deal with domestic terrorism because it reflects the multifaceted nature of terrorism.

The Need of POTA. It is normally said that terrorism is a low intensity war. But the loss, which our country has suffered in the last two decades due to the rise of terrorist activities, has been on a very large scale. This country has fought four high intensity wars and in those wars we have lost more then 6000 people. We have already lost more then 70000 civilians. In addition, we have lost more then 9000 security personnel. Almost six lakh people in this country have become homeless as a result of terrorism. Outside the expenditure on our armed forces, merely for maintaining the entire set up to fight insurgency, to fight cross-border terrorism, the
41

economic cost itself has been Rs 45000 crore. The budgetary increase itself in the last 15 years, because of terrorism or anti-insurgency activities, has been 26 times. We have no record of the explosives that have been used in various parts of the country. We have a record of crime. But the explosives that have been confiscated by our security agencies weigh 48000 kilos. If our security forces had not been vigilant enough to confiscate these explosives, they would probably have been enough to take care of every inch of Indian soil.

It is not only Kashmir; Punjab too has suffered. Also Mumbai, Delhi and other regions of the country like the North East. Development has suffered, the economy has suffered. You have now a brand of Maoist terrorism; People's War Group and other groups. A large part of Andhra Pradesh, Orissa, Madhya Pradesh, Chattisgarh and Jharkhand right up to the Nepal border is affected. We had insurgency and terrorism in Tamil Nadu.

In terms of our sovereignty, unity and integrity and our feeling of nationalism, terrorism strikes at each one of them. This is the enormity of the problem that we are addressing. But it is also said that our criminal law systems have broken down; it seems to be a sad fact to accept. Are we aware of the conviction rate under the so-called ordinary laws- At times we try and conceal the figures and say that in India the conviction rate is 40%. But that 40% is actually a camouflage because every time there is a challan and somebody pays Rs 100 as fine, it is recorded as a conviction.

Every

time

somebody

feels

guilty

and

pays

fine under company law, we take it as a conviction and then claim that the conviction rate is 40%. In heinous crimes like murder, the conviction rate under the so-called normal processes has come down to 6.5%. There are several reasons for this. One is that when we deal with hardened criminals, some of our old notions of criminal law have to change. It is a sad reality that crime in India has become a low risk business. It is a high profit business with a 93% probability that you can commit a hard crime and get away with it.

42

Analysis of Some Important sections of POTA


In the case of People's Union for Civil Liberties Vs. Union of India1 of the constitutional validity of the Prevention of Terrorism Act, 2002 was discussed. The court said that the Parliament possesses power under Article 248 and entry 97 of list I of the Seventh Schedule of the Constitution of India to legislate the Act. Need for the Act is a matter of policy and the court cannot go into the same. Once legislation is passed, the Govt. has an obligation to exercise all available options to prevent terrorism within the bounds of the constitution. Mere possibility of abuse cannot be a ground for denying the vesting of powers or for declaring a statute unconstitutionally. Court upheld the constitutional validity of the various provisions of the Act.

1.Section 3(a)2 Defining terrorist act- Whoever with the intent of threatening the unity, integrity, security and sovereignty of India or strike terror in the minds of people or any section of the people does any act or thing by using dynamite or explosive substances or inflammable substance or firearms or other lethal weapon or poisonous or noxious gases or other chemical or any substance of a hazardous nature in such a manner as to cause death or injuries to any person or loss or damage to property or disruption of any supplies or services essential for life.

Case Law- Devender Pal Singh Vs. State of N.C.T. of Delhi.3 In a case where 9 person had died and several other injured on account of perpetrated acts The court said that such terrorist who have no respect for human life and people are killed due to there mindless killing. So any compassion to such person would frustrate the purpose of enactment of Tada and would amount to misplaced and unwarranted sympathy. Thus they should be given death sentence.

1 2 3

(2004) 9 SCC 580


POTA

2002 (1) SC (Cr.) 209


43

Argument against- trade union activity would be affected because whoever disrupts essential supplies would be covered under POTA.Argument in favor- at least our trade union leaders are nationalist leaders. Nobody has ever suggested that when our trade union leaders go on strike, they threaten the unity, integrity, security and sovereignty of India.

2. Section 4 Possession of certain unauthorized arms- Where any person is in unauthorized possession of any- bombs, dynamite or hazardous explosive substance or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area, whether notified or not.

Case Law- Sanjay Duttt Vs. State through4 The expression possession though that of section 5 of Tada has been stated to mean a conscious possession introducing thereby involvement of a mental element i.e. conscious possession & not mere custody without awareness of nature of such possession and as regards unauthorized means and regards without any authority of law.

Argument against - That an offence coming under the Arms Act has been brought under POTA, irrespective of whether a person carrying such arms has any nexus with a terrorist.

Argument in favour - Firstly the section clearly says that any person who has unauthorized possession of arms that is does not possess a proper license for the arms. This section is only making the law stringent by stating that anybody who possesses arms should also possess proper license from the proper authority.

C.B.I 1994 SCC 410 44

Secondly it also states weapons should be capable of mass destruction or biological or chemical substances of warfare so why would any person without any reason possess such kind of weapons and that to unauthorized.

3. Section 7 Powers of investigating officers - If any officer (not below the rank of SP) investigating an offence committed under this act, has reason to believe that any property in relation to which an investigation is being conducted represents proceeds of terrorism he shall with prior approval in writing from Director General of Police of which the property is situated can make an order to seize or attach such property.

Argument against - The petition articulates the fear that permitting a police officer to act on the basis of his belief will be "draconian and unguided.

Argument in favour - Case Law - T.T. Anthony Vs. State of Kerala. 5This plenary power of police to investigate a cognizable offence is not unlimited. It is subject to certain limitations such as if no cognizable offence is disclosed & still more if no offence of any kind is disclosed the police would have no authority to undertake an investigation.

4. Section 21 Offence relating to support given to a terrorist organisation(1) A person commits an offence if (a) He invites support for a terrorist organization , and (b) The support is not , or is not restricted to, the provisions of money or other property

2001 Cri LJ 3329


45

(2) A person commits an offence if he arranges, manages or assists in managing or arranging a meeting which he knows is(a) to support a terrorist organization, or (b) to further the activities of a terrorist organization , or (c) to be addressed by a person who belongs or professes to belong to a terrorist organization. (3) A person commits an offence if he addresses a meeting for the purpose of arranging support for a terrorist organization or to further its activities.

Case Law - Vaiko's Case One of the petitions in this regard admitted by the Supreme Court has been filed by Vaiko, the general secretary of the (MDMK), a constituent of the ruling National Democratic Alliance at the Centre. Vaiko had defended POTA in Parliament during the debate on it. Therefore his petition challenging the validity of Section 21 of the Act assumes particular significance. Under this Section, a person commits an offence if he invites support for a terrorist organisation, and even if the support is not confined to the provision of money or other property. He is guilty if he arranges or addresses a meeting which he knows is meant to support a terrorist organization or to further its activities. Vaiko was arrested under this Section on the basis of certain remarks saying that "I was a supporter of LTTE once. I was a supporter of LTTE yesterday; I am a supporter of LTTE today and I will be a supporter of LTTE tomorrow."

Then, he asked his audience whether the LTTE had engaged in terrorism for the sake of violence or had taken up arms to suppress a culture. Mr. Vaiko, was in detention for 17 months, did not choose to seek bail on a matter of principle. When we looked at various chapters internationally, it was found that as far as membership of a terrorist group is concerned, the British law has an exclusive chapter on banning terrorist organizations. After banning a terrorist organization, membership of a terrorist organisation, ipso facto, becomes a punishable act.

46

5. Section 22- Fund raising for a terrorist organization to be an offence(1) Whoever commits an offence if he(a) invites, receives or provides money or other property (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

The second component that was not there in TADA is, if you try and earn money through a crime, that is, through terrorism, there are two offences which flow out of that. Whoever funds terrorism is also held guilty. By funding terrorism you are abetting terrorism. You are giving resources to terrorism. The old terrorist laws the world over never had a chapter on funding of terrorists. But now you must create a fear and scare in the minds of those who fund terrorists.

What you earn out of crime is not your private property, it is against public interest and must belong to the state. The UN passed a draft Money Laundering Bill which all of us have been debating. The whole concept of money laundering is that profits out of crime must be confiscated because they cannot belong to an individual. Is it the argument today that since India is now to have a provision where profits from terrorism will be confiscated, it is a draconian provision. 6. Section 27 Powers to direct for samples, etc.- when a police officer investigating a case requests a Chief Metropolitan Magistrate to obtain hand writing, footprints, photographs, blood, saliva, semen, hair, voice of any accused person reasonably suspected to be involved in the commission of this act it will be lawful for the judge to give such orders as the case may be. If any accused person refuses to give such samples the court shall draw adverse inference against the accused. Case Law - S. Srinivasa Vs. M/s Deccan Petroleum Ltd.6 The court said where the order of refusal to issue summons for production of document was prejudicial to accused then such order is not sustainable. The most important part of the section says that the power to take samples is not given to the police authorities but when a police officer

2001 Cri LJ 659


47

investigating a case requests a Chief Metropolitan Magistrate to obtain samples of any accused person reasonably suspected to be involved in the commission of this act and then if only the Chief Metropolitan Magistrate gives the order to obtain such samples its only then he can force the accused to give such samples. If any accused person refuses to give such samples the court shall only then draw adverse inference against the accused.

7.Section 32 Certain confessions made to police officers taken into consideration - A confession made by a person before a police officer not lower in rank than a S.P. and recorded by him out of which sound or images could be reproduced shall be admissible in trial of such person for the offence under this act.

Case Law - Devender Pal Singh Vs. State of N.C.T. of Delhi 7 The court said that it is entirely to the court trying the offence to decide the question of admissibility or reliability of a confession in its judicial wisdom strictly adhering to law it must while so deciding the question should satisfy itself that there was no trap. No track and no importance seeking evidence during the custodial interrogations and all the conditions recquired are fulfilled. If the court is satisfied then the confessional statement will be a part of the statement.

Confessions could be made admissible evidence. In respect of confessions, we have given the facility of video recording. After that, within 48 hours, the person should be produced before a magistrate.

The magistrate will ask whether it was voluntary or not. If the accused says that it was not voluntary, that he had been assaulted and coerced, the magistrate will have a medical examination done. So, a safeguard has been put in.

2002 (1) SC (Cr.) 209


48

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru8 this was an appeal against convictions in view of attacks made on parliament. The matter was relating to admissibility and evidentiary value of evidence that retracted confessions cannot be acted upon by Court unless it is voluntary and can be corroborated by other evidence. Confession of accused can be used against co-accused only if there is sufficient evidence pointing to his guilt confession made under POTA cannot be used against co-accused as POTA operates independently of Indian Evidence Act and Indian Penal Code. Section 10 of Evidence Act has no applicability as confessionary statement has not been relied on for rendering conviction.

Admissibility of intercepted phone calls, intercepted phone calls are admissible piece of evidence under ordinary laws even though provisions of POTA cannot be invoked as it presupposes investigation to be set in motion on date of its interception. Impact of procedural safeguards under POTA on confession. Confession made involuntary is inadmissible evidence. If procedural safeguards have not been complied it will affect admissibility and evidentiary value of evidence being proved all charges beyond reasonable doubt convictions were upheld.

8. Section 45 Admissibility of evidence collected through the interception of communication (1) Notwithstanding anything in the code or in any other law for the time being in force the evidence collected through the interception of wire, electeronic or oral communication shall be admissible as evidence against the accused in the court during the trial of a case. It is said that TADA was misused. Probably it was misused. I would like to point out that one of the great weaknesses in TADA a structural defect was its dependence on witnesses; eyewitnesses and humble citizens appearing against terrorist groups. Anybody from Punjab, Mumbai or Kashmir will testify that the average citizen is scared of coming and honestly deposing before these institutions.

(2005) 11 SCC 600


49

This is a threat that the witnesses face against terrorist acts. So how can a normal person be able to give a statement before the court? So there is a need bring in a provision that when terrorist gangs communicate with each other, intercepts of their communication should be allowed and these intercepts should become admissible evidence in court. So, when you arrest terrorists, you do not need a humble citizen to come and give evidence against them. You produce the recording of that intercept. At that moment, it becomes admissible evidence. Under normal law it is not admissible evidence. We examined the suggestion and accepted it. One of the strengths of this law is actually on the question of intercepts becoming admissible evidence. It is one reason why in Maharashtra, the conviction rate has reached 75% plus under MCOCA.

Unlawful Activities (Prevention) Amendment Act, 20049 It would however be simplistic to suggest, as some critics did, that the new law has retained all the operational teeth of Pota or it has made only cosmetic changes. The difference between Pota and UAPA is substantial even as a lot of provisions are in common. A brief outline of the amended act: The Act does not define the word terrorist in its definition clause but defines a terrorist act. The word terrorist is to be construed according the definition of the terrorist act. Terrorist act is defined in the Act as - Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in India or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the Government in India or the
9

Unlawful Activities (Prevention) Amendment Act, 2004


50

Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act (Section 15).The above definition did not exist in the 1967 Act. The previous Act only defined and dealt with unlawful activity. An unlawful activity includes an activity which intends to bring about cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India, or which causes or is intended to cause disaffection against India Section 2(o).

Whether an association is unlawful is to be declared by the Central government by giving the grounds for such a declaration. Section 3 Thereafter; it is referred to the Tribunal Section 4. A notice is issued by the Tribunal to the association concerned to show cause why it should not be declared unlawful. To ascertain whether there is sufficient cause for declaring the association unlawful.

For taking cognizance of any offence under this Act prior sanction of the Central or the State government, as the case may be, is necessary. Criminal Procedure Code, 1973, is made applicable in matters of arrest, bail, confessions and burden of proof. Those arrested are to be brought before a magistrate within 24 hours, confessions are no longer admissible before police officers and bail need not be denied for the first three months. The presumption of innocence leaving the burden of proof on the prosecution has also been restored.

The evidence collected through interception of wireless, electronic or oral communication under the provisions of the Indian Telegraph Act or the Information Technology Act or any law being in force has been made admissible as evidence against the accused in the court Section 46.The amended Act provides for following penalties: Offence Includes Penalty

51

Being a member of an unlawful association A person who is and continues to be a member of such association, takes part in meetings, contributes to, or receives or solicits any contribution for the purposes of the association or in any way assists the operations of such association. If such person is in possession of unlicensed firearms, ammunition, explosive, etc, capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property, and if such act has resulted in the death of any person. In any other case Imprisonment for a term which may extend to two years and fine.

Death or imprisonment for life. Imprisonment for not less than five years. Dealing with funds of an unlawful association Includes an association declared unlawful by the central government. Such association is prohibited from dealing in any manner with moneys, securities or credits pays. Imprisonment upto three years, or fine, or both. Contravention of an order made in respect of a notified place Includes use of articles for unlawful activities found in a notified place (i.e. a place used for unlawful association and so notified by the central government). Imprisonment upto one year. Unlawful activities Includes taking part in or committing an unlawful act, advocating, abetting, advising or inciting the commission of any unlawful activity. Assisting an unlawful organization in its activities. A term of seven years and fine.

Imprisonment upto five years or fine, or both. The amended law now contains new provisions dealing with terrorist acts, the offences and their punishments. Chapter IV, sections 15-22. The following table summarises these provisions:Offence Punishment Terrorist act Resulting in death of any person In any other case Death or imprisonment for life. A term for not less than five years.Raising funds for a terrorist act Term not less than five years. Conspiracy Term not less than five years. Harbouring Imprisonment for not less than three years. Being a member of a terrorist organization The term may extend upto imprisonment for life.

52

Holding proceeds of terrorism May extend to imprisonment for life. Threatening witnesses Imprisonment upto three years.

There is a provision in the Act which provides for enhanced penalties. Any person aiding a terrorist or acting in contravention to Explosives Act, 1884, the Explosive Substances Act, 1908 or the Inflammable Substances Act, 1952 or the Arms Act, 1959, or has unauthorized possession of bombs, explosives, etc, will be punished with a term not less than three years and may extend for life (Section 23). The Act also gives power to the Central and the State Governments, as the case may be, to forfeiture the proceeds of terrorism. The investigating officer is empowered to seize the concerned property with the prior approval of the Director General of the police of the State (Section 24 and 25). Cash (including monetary instruments) can also be seized if it is intended to be used for purposes of terrorism. The Court confirms the seized property and orders its forfeiture Section 26. An appeal to the High Court against the forfeiture is allowed within one month from the date of receipt of such order.

53

Chapter 7

Judicial Approach

Kartar Singh Vs. State of Punjab It was observed in this case that the country has been in the firm grip of spiraling terrorist violence and is caught between deadly pangs of disruptive activities. Apart from many skirmishes in various parts of the country, there were countless serious and horrendous events engulfing many cities with blood-bath, firing, looting, mad killing even without sparing women and children and reducing those areas into a graveyard, which brutal atrocities have rocked and shocked the whole nation Deplorably, determined youths lured by hard-core criminals and underground extremists and attracted by the ideology of terrorism are indulging in committing serious crimes against the humanity.

People's Union for Civil Liberties Vs. Union of India The constitutional validity of the Prevention of Terrorism Act, 2002 was discussed. The court said that the Parliament possesses power under Article 248 and entry 97 of list I of the Seventh Schedule of the Constitution of India to legislate the Act. Need for the Act is a matter of policy and the court cannot go into the same. Once legislation is passed, the Govt. has an obligation to exercise all available options to prevent terrorism within the bounds of the constitution. Mere possibility of abuse cannot be a ground for denying the vesting of powers or for declaring a statute unconstitutionally. Court upheld the constitutional validity of the various provisions of the Act.

Devender Pal Singh Vs. State of N.C.T. of Delhi In a case where 9 person had died and several other injured on account of perpetrated acts The court said that such terrorist who have no respect for human life and people are killed due to there mindless killing. So any compassion to such person would frustrate the purpose of enactment of Tada and would amount to misplaced and unwarranted sympathy. Thus they should be given death sentence.

54

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru This was an appeal against convictions in view of attacks made on parliament. The matter was relating to admissibility and evidentiary value of evidence that retracted confessions cannot be acted upon by Court unless it is voluntary and can be corroborated by other evidence. Confession of accused can be used against co-accused only if there is sufficient evidence pointing to his guilt confession made under POTA cannot be used against coaccused as POTA operates independently of Indian Evidence Act and Indian Penal Code. Section 10 of Evidence Act has no applicability as confessionary statement has not been relied on for rendering conviction.

The prevention of terrorism Act 2002, also known as POTA remains the most controversial anti terror legislation till date. Several draconian clauses of the erstwhile TADA 1987 were retrained in the POTA. The law was hurriedly passed in the wake of the attack on the Indian Parliament. Through legislated amongst pandemonium in the political circles, the parliament attack as well as the International community in a reactionary mode- POTA was the answer in the Indian quarters. The Maharashtra Government announced on 12th February, 2009 that a special court would be set up for the sole surviving accused of the 26/11 Mumbai Terror attack.

Ajmal Kasab Case Bombay high court has upheld the death sentence on 21 Feb 2011. Kasab has been sentenced to death for attacking Mumbai on November 26, 2008 along with nine other Pakistani terrorists and killing 166 people. He was found guilty of 80 offences, including waging war against the nation, which is punishable with the death penalty.

Kasab has been held guilty and given death penalty for five offences, including waging war against India, terrorist activities, murder and conspiracy and life sentence on five other counts. The judge sentenced Kasab on over 25 counts for lesser offences ranging from 7 years to one month and fined him about Rs 1.9 lakh.

55

Godhra Case: Death for 11 is years away A special court on Tuesday awarded the death penalty to 11 persons convicted for the 2002 Godhra carnage. Twenty other convicts were sentenced to life in prison. Last week, the court accepted the prosecutions contention that a conspiracy was hatched to set ablaze coach S -6 of the Sabarmati Express on February 27, 2002, which killed 59 people. The court had held 31 persons guilty for the incident. However, according to section 28 (2) of the Criminal Procedure Code (Cr.P.C), execution of the sentence delivered by a judge of Additional Session Judge (ASJ) cadre is subject to confirmation of a high court-in this case, the Gujarat high court.

Godhra incident was not comparable to any other criminal case in history. Thus, he argued, it fit into the rarest of the rare category specified by the apex court for capital punishment. Finer details like grounds on which punishment was determined for each convict are not clear yet. The court has delivered its verdict and its observation will only be known after the full text of the judgment is made available Special public prosecutor JM Panchal, who sought death for all the convicts, argued that the to the accused.

IM Munshi, the lawyer representing the accused, said he would move the Gujarat high court against the verdict. It is difficult to understand the judgment, he said. Till we get the copy of the judgment, we cannot comment much. But we will definitely appeal against the verdict in the high court. The judgment cannot be implemented till the high court confirms the sentence, said Munshi. If the high court upholds the special courts ruling, the convicts have the option of moving the Supreme Court.

56

Chapter 8

CONCLUSION

Keeping in view the provisions of the aforementioned anti terrorism laws, it is apparent on the face that these laws contain countless loopholes which are subjugated by those in possession of authority to exploit the weak and provide shield for those committing such atrocious crimes. The stringent legislations provide for valid evidence record under torture and intimidation. So, a person may be forced into admitting something which may or may not be true. Secondly, it is unjustified to presume that a person has some kind of a connection with a terrorist organization solely on the grounds that he is found in unauthorized possession of arms.

Though, it is true that possession of arms without a license leads to suspicion regarding the intent of a person, but there is a possibility that there is no criminal intent. Hence, such a person must not be automatically linked with a terrorist activity. Lastly, police officers who are found guilty of misusing their powers are not always prosecuted as seen under MCOCA.

These provisions have undoubtedly breached the human rights as well as fundamental rights of the Indian citizens and on numerous occasions, various suspicion and voices have been raised by people under the pretext of constitution, constitutional provisions and equality before law and civil rights. For instance, the Right to Freedom of Speech and Expression, Article19 part III of the constitution is violated if he is made to say statements or admit facts which are not true, by using means of coercion or intimidation.

The Indian Government is to be blamed to a large extent to act in such an indifferent manner when it comes to following-up any new law that is enacted. It was only due to the enormous pressure from the public that POTA had to be repealed by the government in 2004. When 3000 people died in the World Trade Centre attack, the U.S. President said that a war had been declared on America. When more than 50000 people had died in our country, we were advised to show restraint. We are made to believe that this is the remedy; that we should deal with it under the normal procedure.

57

Therefore, it is quite obvious that there is a desparate need to fight the menace of terrorism by standing united against it. So, it becomes necessary in a country like India that if a law regarding terrorism is enacted it should be made so rigorous that the culprits be brought to book and are not let free just because of the shortcomings in the ordinary law.

58

BIBLIOGRAPHY

PRIMARY SOURCES
Bare Acts Unlawful Activities (Prevention) Act, 1967 Terrorist and Disruptive Activities (Prevention) Act, 1987 Maharashtra Control of Organized Crime Act, 1999 Prevention of Terrorism Act, 2002

SECONDARY SOURCES
BOOKS
Contemporary Debates on Terrorism by Richard Jackson and Samuel Justin Sinclair Indian Perspectives on Terrorism, Prafulla Ketkar Aakrosh: Asian Journal on Terrorism and Internal Conflicts The Anatomy of Terrorism, Muhammad, Mahmood Bin

WEBSITES REFERRED
en.wikipedia.org www.towson.edu mintinfo.hubpages.com www.cia.gov bourgeoisinspirations.wordpress.com http://www.thejakartaglobe.com/opinion/the-root-cause-of-terrorism-its-not-poverty-orlack-of-education/331847 terrorism.about.com

59