POTO introduced in UP
LUCKNOW, Nov 9 (UNI): Uttar Pradesh chief minister Rajnath Singh today announced the enforcement, with immediate effect of the Prevention of Terrorism Ordinance(POTO) in the state.
Talking to mediapersons here Mr Singh said that the state government had decided to implement the ordinance to check terrorism.
Criticising the opposition parties for opposing poto, he alleged that it was merely their "political stunt" to make the issue controversial.
Mr Singh claimed it was ironical that laws similar to POTO had already been implemented in several non-BJP ruled states.
Yet when such laws were introduced by the BJP, the opposition parties raised a hue and cry.
Ruling out the apprehension of the opposition about harassment of minority community through this ordinance, the cm assured that care would be taken that no one was falsely implicated under the new Legal provision to fight terrorism POTO may be used against political parties : Opposition NEW DELHI, Nov 9 (UNI): The government today maintained that specific safeguards had been provided in the Prevention of Terrorism Ordinance (POTO) for averting the possibility of its misuse, even as the Congress and the CPI(M) launched a tirade against it, saying the ordinance could be used against political parties and other organisations.
According to home ministry officials, POTO has specific safeguards for preventing the misuse of special powers given to investigating agencies.
There are also provisions to address the concern of any human right violation while seeking to ensure that the provisions of the ordinance are not diluted to render them ineffective in combating terrorism.
The officials said no court can take cognisance of an offence under the ordinance unless sanctions from the state or central government is obtained.
This will provide an opportunity for review of each case.
Moreover, investigation of an offence under the ordinance is to be conducted by an officer not below the rank of a deputy superintendent of police.
Unlike the Terrorism and Disruptive Activities (Prevention) Act (TADA), POTO provides safeguards against abuse of provision relating to admissibility of confession made before a police officer by stipulating that such confession must be recorded before a magistrate within 48 hours.
The officials categorically denied the Opposition charge that POTO is another form of the dreaded TADA saying that although the objectives of both is to deal with terrorism, the scope and the key provisions have vital differences based on the significant change in global concept of terrorism since 1985 and also the experiences gained in the implementation of TADA.
Meanwhile, sources said the Congress had already formalised its strategy for the winter session of Parliament beginning on November 19, a major part of which is expected to focus on a discussion on POTO.
The Ordinance is also expected to come up in Parliament for discussion in the first or second week of the session.
It will be discussed at the Parliamentary Standing Committee attached to the home ministry on November 23.
The officials said the definition of terrorist acts and related offences in POTO is much more specific than in TADA and the Ordinance is less liable to wider interpretation and misuse as was alleged in the case of TADA.
POTO deals not only with terrorist offences committed by individuals but also brings within its focus the activities of terrorist organisations and financing of terrorism unlike TADA.
Also, many of the provisions relating to definitions, provision of bail, presumption of guilt, confession before police officers, provision of appeal only with the Supreme Court etc., which led to oppressiveness in TADA, have either been diluted or dropped in POTO, the officials added.
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