Death of Democracy

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NEW DELHI: Rattled by the Mumbai terror attacks, government on Tuesday introduced two bills to set up a National Investigation Agency (NIA) with special powers and to amend the law to provide for more stringent action to deal with terrorism effectively.

The National Investigation Agency Bill 2008 and The Unlawful Activities (Prevention) Amendment Bill were moved by home minister P Chidambaram in the Lok Sabha, a day after the Union Cabinet gave its nod to such measures.

The NIA Bill provides for setting up of special courts for speedy trial of terror-related offences, with hearings to be held on day-to-day basis. Any case pending in any special court can be transferred to any other special court.

Notwithstanding law and order being the state subject, officers of the NIA above the rank of sub inspector will have special powers to pursue and investigate any offence related to terror across the country.

Officers of the agency would enjoy all powers, duties, privileges and liabilities which the local police officers have in connection with cases related to terror.

The bill to amend the Unlawful Activities (Prevention) Act has stringent provisions including detention period of 180 days instead of 90 days now and denial of bail altogether to a foreigner accused of terrorism in the country.

Even an Indian national accused in a terror-related case cannot be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release.

The bill says that the court shall presume, unless the contrary is shown, that the accused has committed an offence for which he has been arrested, including possession of arms or explosives with a belief that these or such substances were used in the commission of a terror act.

It also provides for freezing, seizing and attaching funds and other financial assets or economic resources held by individuals or entities engaged in or suspected to be engaged in terrorism.

A new section has been inserted in the bill which says that those using explosives, firearms, lethal weapons, poisonous chemicals, biological or radiological weapons with the intention of aiding, abetting or committing terror act "shall be punishable with imprisonment for a term which may extend to ten years".

The bill says that anyone in India or in a foreign country who directly or indirectly raises or collects funds or provides funds for a terrorist act shall be punishable with at least five year imprisonment, which may extend to life.

A similar punishment has been provided in the bill for those organising camps for training in terrorism, and also for those recruiting persons for commission of a terrorist act.

The bill says that every offence punishable under this act shall be deemed to be congnizable offence.

It says that if it is not possible to complete the investigation within 90 days, it may be extended upto 180 days. Besides, no person accused of a terror-related offence, if in custody, would be released on bail or on his own bond.

What is democracy? The freedom enjoyed by all persons to choose their leaders and also the freedom to criticise them or to take their stand on any issue (ofcourse not getting violent). Now imagine the powers government have with this act. Just imagine any person X who has done something to the dislike of the government or any officer of NIA. I am assuming that judiciary is perfect hence no scope of wrong judgement there. Without this act government can atmost keep a person for a day or two in jail before producing him to the magistrate. Now consider the scenario. NIA can keep the person in jail for 6 months. Even in that scenario the person will fight hoping that justice awaits him after 6 months. But no during the 6 months not only that person is tortured but also his family as all his financial accounts, properties have been seized. Now this scenario is bad enough for any family man to do as government says. And there would be no case against government as after 6 months they'll just release him saying 'sorry'! No accountability, no action! This was all assuming that judiciary was perfect.

Now add to the fact that you are presumed guilty unless you prove your innocence. Now how can a person after 6 months in jail without any financial resources prove himself innocent? I doubt anyone other that hardended criminals or terrorists would have the will left to fight against the government.

This law is nothing less than imposing emergency. Power of putting anyone in jail for 6 months with no reason whatsoever.

One more provision was proposed for the bill which said that "Any statement in police custody will be admissible in court". Now we all know that how police works and given 6 months they can prove anything from any person.
You can read this joke for further understanding: http://www.funtoosh.com/dj.php?details=ind~330


What I believe the bill should have been (just putting the important points):

• setting up of special courts for speedy trial of terror-related offences, with hearings to be held on day-to-day basis
• officers of the NIA above the rank of sub inspector will have special powers to pursue and investigate any offence related to terror across the country
• monitoring and stopping transactions if necessary of funds and other financial assets or economic resources held by individuals or entities engaged in or suspected to be engaged in terrorism
• detention period of 30 days and after that if investigation is still incomplete then extension by another 30 days after producing before a magistrate and showing some proof linking suspect to crime (not the whole chargesheet). Denial of bail for maximum of 30 days for national of any country.
• admissibality of proofs from electronic gadgets like mobiles, satellite phone, gps etc (only those which are tamper proof).

The police have enough powers, but the problem is that there is not enough police force for a country of billion people. Police force must be expanded, borders secured using technology and intelligence improved by winning the trust of the people. Also for the kind of cities we have with everything in chaos, and people thronging every lane if a person is willing to die to kill others then it is hardly possible to stop him.

What Police forces urgently need (including all the central forces like NSG, RAW, IB and newly formed NIA) is more manpower, better equipment, better pay and most importantly some respect. They save us everyday so they do deserve some respect.