Mumbai June 9, 2004:

Mr.S.V.Raju, President, Indian Liberal Group, has issued the following statement for publication exclusively to The Economic Times:

The Indian Liberal Group considers POTA to be a sharp deviation from the established Rule of Law. It throws to the winds the Rules of Criminal Jurisprudence accepted in the country for the last 200 years. Even the British colonial rulers did not resort to such a draconian measure.

According to the provisions in POTA confessions made to a police officer are admissible in a court of law. Knowing how confessions are accepted, this provision is itself enough to demand the repeal of POTA. Equally inimical is the fact that POTA has reversed the burden of proof from the prosecution to the accused.

Not only does POTA provide free license for abuse of the rights of the individual, it also permits politicians in power to use POTA to settle political and even personal scores.

The statement made by the former Law Minister defending POTA that any law can be used is true but POTA with its draconian and arbitrary provisions lends itself more easily to such abuse. This was very evident in the manner in which POTA was misused by Tamil Nadu Chief Minister Jayalilatha who succeeded in keeping Vaiko behind bars for over a year with the then Central government of which he was a part looking on helplessly. It required the Supreme Court to finally free him.

Battling terrorism was the ostensible reason for the imposition of POTA and 9/11 provided the ideal opportunity to push this law through parliament without much opposition. Historically, since independence the ruling parties and the law enforcement agencies have welcomed being armed with such arbitrary laws that spare them the need to follow ‘tedious’ procedures which are the essence of the rule of law.

The provisions of the Indian Penal Code (“IPC”) read with the Criminal Procedure Code (“CRPC”) provide more than adequately for dealing not only with criminal but also terrorist activities.

It is the failure of the administrative and the judicial system which has led to these provisions being rendered ineffective. Rather than remedy this situation by correcting the system, the government took the easy way out by enacting legislation which allows them to bypass the usual checks and balances present in the IPC and the CRPC to ensure due process in the administration of justice.

For the Indian Liberal Group the liberty of the individual and his right to a life in dignity is an article of faith. Soon after the arrest and detention of Vaiko under POTA, the ILG issued a press statement on July 16, 2002, in which it appealed "to all those who voted for POTA to realise the Frankenstein they have created and take steps to repeal this Act at the earliest".

The Indian Liberal Group therefore welcomes the proposal by the new government to review and to repeal this shameful piece of legislation, which should never have been enacted in the first place.