Friday, December 12, 2008

Law to curb terrorism In India

Negligence and callousness of politicians and administrators is the root cause of terrorism flourishing in India. The dirty vote bank politics forced administration to soft-pedal on terrorism. The heavy security given to political leaders made them ignore the security of the people and nation. Lack of any law and the prosecution procedures going for years together made the things worse.
What we need now is:
1.Prevention and Restraining Of Terrorism and Anti-national Activities in India Act. (PROTACT –Act.)

A comprehensive and strong legislation to eliminate terrorism.

Terrorism has not been defined properly anywhere and there is no law to stop it. Terrorist activities are dealt as offences under IPC, Cr.PC etc. A strong law exclusively to deal with terrorism is to be enacted. The activities of smuggling of arms, ammunition, foreign currency, fake and counterfeit currency and its distribution, carrying, hawala, benami land deals etc. are crimes complimenting terrorism and a pre-requisite in most cases but dealt with by different agencies under different laws. All such anti-national activities which have a bearing on terrorism directly or indirectly and also abetting, financing, conniving, helping and even speaking in support of terrorism should be brought under this law. Obstructing, stalling, influencing or interfering in any manner in any action, investigation or prosecution by any person, even the ministers of State or Union and refusal in any manner by any one in implementing the law will also be punishable under this law. There shall be preventive detention for minimum of three months. Under the law a federal security force having jurisdiction all over India and in other countries in a limited manner for collection of intelligence and for investigation should be formed. The head of the Force is directly reporting to Union Home Minister. In case of any dissent by the Home Minister on the proposal of the head of the Force that should be recorded in writing which is open to scrutiny under this Act and can be considered as offence in case malafide intention is proved.
2. Federal Security Force.

A central Force well equipped to combat terrorism should be formed. Head quarters at New Delhi with Commands at each State capital. Headed by Director General, a Lt. General on deputation from Army. It should have 3 branches viz:

i) Intelligence – Anti Terrorism Intelligence Service (ATIS)
ii) Action Group - Anti-Terror Action Corps (ATAC)
iii) Investigation Cell - I-Cell

Intelligence Wing headed by a Joint Director, Major General on deputation from Army, collecting perfect intelligence on terrorism and anti-national activities and reporting to the Director General.
Action Group well equipped with all the most modern weapons and other gadgets, vehicles etc. shall be directly under the Director General. There shall be a small group of Action Force permanently stationed at State Capital attached to the Command. DG analyzing the information provided by the Chief of ATIS shall direct ATAC to act fast.

Investigation Cell under a joint Director (Major General) having team of sleuths also equipped with all most modern gadgets investigate the cases, complete within 3 months and file the case in the court with the aid of legal experts permanently available in the pay roll of the force .The I-Cell should collect all the relevant information and present the case properly in the Court, so that there will not any delay. The Federal Security Force should have close coordination with Army, Navy, Air Force, Coast Guard, Customs, RAW and State Police.

3. Fast Track Courts for Terrorists’ Trial.

Fast track court exclusive for trial of cases under the above Act should be established in each State. Trial of the terrorists should be finished in a time bound manner. The Courts proceedings also need to be finished fast. It should be done in such speed that the final verdict of the Supreme Court will be available in less than 6 months.

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