Post 9/11, the US government armed itself with such arbitrary powers that it was hardly surprising when the US became the first nation to welcome the enactment of POTA. In a world where nations are anxious to seek US approval even if such approval is implied, it is hardly surprising that any nation following the US example of short circuiting the due process of law to achieve seemingly effective measures against the complex and difficult problem of terrorism, gets its stamp of approval. Thus nations round the world, India included are encouraged to take recourse to lawless laws.

When the Chief Minister of Tamil Nadu labels Vaiko a terrorist and puts Vaiko behind bars with the help of POTA, Delhi's National Democratic Alliance government makes a feeble protest by passing a resolution that they are "gravely concerned."

Prabhakaran is wanted for the assassination of Rajiv Gandhi and his outfit, the LTTE, is banned in India and is now labelled internationally as a terrorist organisation. So when Vaiko spoke in support of the LTTE and its leader Prabhakaran, he was inviting prosecution. It is one thing to ask for justice for the Tamil minority and another to speak in support of a terrorist organisation. The Tamil Nadu chief minister saw the opportunity and was quick to act against her political ally turned rival.

Of course Vaiko could have been prosecuted just as well under the Indian Penal Code. But who cares about the IPC when you have the facility of arbitrary laws like POTA which can be misused with impunity and, in the process, dilute the basic constitutional rights of the people. An added advantage for the chief minister is the fact that POTA arrests are non-bailable and, best of all, the review committee, provided for under POTA, is not yet in place in Tamil Nadu. So Vaiko has been put away for as long as the lady wishes !

Earlier in the week, three people were arrested in West Bengal (by a sort of a "people's' government", if you please!) on alleged suspicion of being part of the People's War Group. No charges were filed nor warrants issued. Tragically one of the three arrested, Mr. Abhijit Sinha a Central Excise Inspector committed suicide by throwing himself under a local train after the police had released him unable to find any tangible evidence. In the first week of July a Chemistry Lecturer of Calcutta University Mr. Kaushik Ganguly, a college student Mr. Tinku Ghosh and Mr. Parashar Bhattacharya were arrested under the IPC, beaten up and tortured in custody for "PWG activities". In Andhra a farmer reportedly committed suicide because he was taken into custody by the police on suspicion of belonging to the people's war group. The Indian Liberal Group has been a staunch opponent of communism and its variants and therefore has no sympathy for what the PWG's credo and activities. But the ILG defends their right to a fair trial under the law.

All these are examples of the State's propensity for disregarding the rights of the individual with impunity given the right kind of legal backing such as POTA. Politicians in power can now use POTA to crush opposition. Democracy and the rule of law have been and will again be at the mercy of those who control the levers of power.

The Indian Liberal Group appeals to all those who voted for POTA to realise the Frankenstein they have created and take steps to repeal this Act at the earliest.