M A I N   N E W S

J&K moots new anti-terrorist law
M.L. Kak
Tribune News Service

Jammu, September 29
If militancy related violence results in death, those involved in the strike would face execution (death by hanging), or life imprisonment and a fine of Rs 1 lakh. And if the violence causes permanent injuries to people, the accused would be sentenced for three years.

This stringent punishment is provided in a new anti-terrorist law that is likely to be enacted in the troubled Jammu and Kashmir state. The state Cabinet, at its meeting in Srinagar yesterday, approved the draft of the Bill which was scheduled to be tabled in the state legislature for adoption.

The proposed law, that is to be called the Jammu and Kashmir Terrorist Activities Prevention Act, provides for detention of three years for those found in possession of firearms illegally.

The law would also empower the state authorities to confiscate that property that was being used for terrorist activities, for storing arms and ammunition and for giving shelter to the terrorists.

All those involved in the terrorist activities would be tried in a specially designated court which is to be headed by a judge of the rank of sessions judge. The government will also nominate special public prosecutors.

The court order will have a provision for the accused to go in for appeal before the high court. The trial would be held in-camera if the public prosecutor desired and made a request to the judge.

The proposed law would make confessional statement of the accused before a police officer of the rank of DSP and above and before an Army officer of the rank of a Major or above as admissible evidence.

To ensure protection of the witnesses, their names would be kept secret and they would be entitled to travelling allowance whenever they were to be summoned to the court for recording their witness.

Any action carried out by security forces or any other government or private agency against the terrorists, which may result in some human rights violation, would have legal protection, provided that action was taken in good faith.

The state government sources said that the need for the enactment of an effective anti-terrorist law had risen after TADA had been repealed and the Public Safety Act, which provides for detention without trial for a period of two years, had not proved effective to cause any discouragement to the terrorists.

According to these sources, the state government decided to enact a new law against terrorism on Union Home Minister L.K. Advani’s suggestion.