NIA and UAPA get Lok Sabha nod

Amidst as usual squabble among political parties— ruling and oppositions— the much awaited new federal agency, National Investigating Agency and strengthening of the Unlawful Activities (Prevention) Amendments bill eventually cleared by the Lok Sabha on Wednesday to effectively deal with the menace of terrorism, a day after it was tabled.

The twin terror bills now is expected to be passed by the Rajya Sabha on Thursday following the signature from the President Pratibha Devi Singh Patil to take the form of a National Law.

Although Advani asked the government during his hour-long speech to admit that they were wrong for not implementing tougher anti-terror laws, the bills got the full back of BJP-led National Democratic Alliance.

Union Home Minister P Chidambaram winding up the daylong debate on the two bills asserted that the new laws would be implemented uniformly and without discrimination of religion, caste or creed.

Shedding light on the Unlawful Activities Prevention Amendments (UAPA) bill, he said that people involved in aiding, abetting or committing a terrorist act can be punished up to 10 years under the law.

The Home Minister though said circumstances has forced the government to bring in stringent anti-terror law, however, acknowledged that laws like UAPA, and even TADA, POTA or MCOCA, were not deterrents to terrorists and are unlikely to prevent terror attacks particularly when ‘jehadis’ were ready to kill themselves. But undoubtedly, as he said, laws are aimed at giving confidence to the people, to the security forces and to the prosecution.

The amendments to the UAPA have made bail provisions more stringent. The new law has raised the limit of detention of a terror accused to 180 days instead of earlier 90 days, and the police custody limit has been extended to 30 days against the previous 15 days. However, the accused can be detained up to six months if the court is satisfied with the progress of investigations.

In extreme cases if the court sees reasonable grounds that the terror charges are prima facie true, the accused can be denied bail altogether.

Drawing a distinction between POTA and UAPA, Chidambaram said while the courts were obliged to grant enhance police custody beyond 90 days under POTA, the new provisions left this at the discretion of the court.

The new law also authorises the Centre to freeze, seize or attach funds and other financial assets of entities listed in the schedule. The government can also restrict the banned terrorists from entering or their transit through India.

All organisations proscribed by the UN under UN Prevention and Suppression of Terrorism Order, 2007 will be banned in India too.

Under the new provision, an independent judicial authority will allow the government for prosecution following the registration and investigation of a case.

The UAPA, 2008 change the definition of a “terrorist act” which now include terror funding, organisation of terrorist camps and recruitment of people for committing terrorist acts.

Keeping aside the states’ apprehension that NIA would curb their powers, the Home Minister said, “I expect the NIA to ask the State governments to associate themselves in many cases.”

The NIA, to be headed by a Director General-level officer, would investigate offences under eight laws, including the Atomic Energy act, human trafficking, narcotics and organised crime, weapons of mass destruction act and the Anti-Hijacking act.