Parliament in Whirlwind: Ruling, Opposition Parties Exchange Fire on POTO

- D Vishnumohan Rao

A war like situation is prevailing in the country with the Parliament likely to be caught in the whirlwind of debate for and against the proposed POTO (prevention of terrorism ordinance) by the National Democratic Alliance (NDA) government at the Centre. While the government says it is committed to pass the ordinance and promulgate it stringently in the country, the opposition parties are lining up their canons demanding to drop the proposal.

Relatively, the government is arguing that it would not be wise for the opposition to oppose the POTO, which is meant for eradicating the extremist activities, both internal and external sponsored. Government is also cursing the opposition stating, it is magnifying the ordinance and spreading a scare in the people. The main opposition in the Parliament comments, that government is targeting the opposition parties and its cadres through POTO. The actual purpose was to cut down the opposition parties’ activists, Congress said, with arrests and harassments taking undue advantage of the ordinance.

In addition to this, the national and international standard voluntary and human rights organisations are screaming that with the implementation of POTO, civil rights along with the rights of media representatives would be hampered. The central government had to face ‘opposition’ in the recently convened Chief Ministers’ meeting. With no other option left over, Centre had called on for an all-party discussion on the POTO. Mention here is to be taken about the lack of consensus among the NDA member parties on the issue.

The Dravida Munnetra Khazagam (DMK) headed by Karuna Nidhi heavily criticised the proposal for such an ordinance. It called the proposal for the ordinance as an attempt to pierce through the rights and responsibilities of the people at large and the political parties’ activists.

Jayaraman Jayalalithaa the chief of AIADMK, as usual made her stance vibrantly prominent extending support to the POTO. The vibrancy is it had official understandings for the recent Assembly elections with Congress and the Communists. Prominence is attributed to AIADMK’s support because the Congress and Communists are against it.

However, certainly few angles need to be looked at.

POTO, not a replica of erstwhile TADA

It was clear that POTO is not a replica or a twisted form of TADA. Many inclusions could be found in POTO that are more stringent compared to TADA. TADA was targeted for checking the anti-social and destructive activities besides terrorism, and POTO is only targeted for terrorist activities and the organisations involved in those activities.

A person arrested under TADA is having only one chance to appeal in the Supreme Court. Where as persons taken into custody under POTO can appeal in front of the concerned states’ High Courts. Under TADA provisions any person can be detained without filing any charge sheet up to 90 days but under POTO the detention period had been sized down.

POTO targets on sympathisers, activists, and supporters of terrorist outfits. Government can, by virtue of the provision in POTO, tap any information or arrest any person in the name of suspicion. It also facilitates the Law enforcing bodies to take ‘care’ of those persons who resist revealing any ‘required information’ about terrorists and extremist activities. This will have an impounding impact on the media representatives and electronic media. Hence, it definitely is a hammer stroke on the Press freedom.

One stamp of POTO, enough to ruin a whole life

The Central government, by virtue of the POTO, can officially declare any organisation (of course, depending on the nature of activities) as a terrorist outfit at its free will. If one stamp of POTO is affixed on any person or organisation, it might be enough to ruin whole of a person’s life or closure of the organisation.

Besides sealing the ‘stamped’ organisations’ offices, the persons ‘stamped’ so are always at stake. A sympathiser (though not involved in any terrorist activity) will be staked for a decade’s imprisonment. Persons who tend to collect funds for the ‘stamped’ organisations are liable to be imprisoned for about 14 years. A journalist who interviews a terrorist or a sympathiser (irrespective to his or her innocence with extremist strategies or violence), the journalist can be ‘questioned’ for information.

What are the relations between you and the interviewed extremist / supporter? What was the channel through which you met and interviewed the person? And so on begins the list of ‘questions’ in the intended “questioning process”. Police can demand for ‘right’ answers from the journalists, as they will be officiated by the POTO. This process definitely is going to prove a big stroke on the press freedom and Constitutional right to expression. The ‘questioned’ journalists may also be thrown behind bars under section 14, section 3(8) for over three years, if the ‘questioning authorities’ do not gather the ‘required information’.

Atal puts his foot down, “no compromise on POTO”

The Prime Minister Atal Behari Vajpayee called upon the opposition parties to review their ‘view’ on the POTO. It was the responsibility of the opposition parties to extend their best possible cooperation to the government for checking the terrorist activities, he added, and chop off the terrorism from roots in the country through POTO.

Atal assured that POTO was not meant for curbing anyone’s rights and responsibilities awarded by the Constitution of the country. However, it is unfortunate that opposition parties are magnifying the issue that is of a pin size to a crowbar stratum. Such stand of the opposition parties is immoral on political grounds, he criticised. The negative propaganda of the opposition is also creating a new threat to the security and integrity of the country, Prime Minister regretted.

On his visit to Hyderabad on December 2, 2001 the Prime Minister Atal Behari Vajpayee disclosed that the recommendations of the Andhra Pradesh Chief Minister N Chandrababu Naidu at the Chief Ministers meet were taken into consideration.

POTO, one among the refined NDA armoury: Advani

The Union Home Minister Lal Kishen Advani made it very clear that POTO was the need of the hour to drive the anti-national organisations and terrorists out of the country. The opposition is attempting to make a hue and cry against the POTO, which is totally senseless.

Assuring the compatriots from ill effects of the proposed ordinance, Advani declared that the NDA government is committed to legislate the POTO at any cost and the government is ready to face any strength of criticism and opposition on the issue. During his visit to various parts of the country, Advani attempted to convey a message to the fellow citizens that POTO is one of the important arms that is coming out of the armoury of NDA for the common welfare of the country.

Advani commented in a straight and fearless manner that central government will be envisages to use all the special and extreme authorities by virtue of the POTO promulgation exclusively to check the terrorist activities in the country, and nothing else. He further stated that any opposition party or individual opposing the POTO means equal for opposing the democratic values and civil rights.

Sonia says POTO is for vendetta on opposition and minorities

The leader of the Opposition in the Parliament and president of the All India Congress Committee (AICC) criticised the POTO to be a tool that would come to the rescue of the NDA government to crush down all the opposition parties and the minorities of the country.

With a pretext that there are anti-national organisations belonging to some narrow-minded minorities, the NDA government at the Centre desires to misuse POTO to mercilessly boot all the minorities of the country Sonia soared. During her recent visit to Uttar Pradesh as part of election campaign, Sonia used strong phrases against the NDA and its POTO. She said NDA headed by the Chauvinistic BJP’s plans were to take political mileage by misusing POTO on the opposition parties’ leaders and cadres.

Congress party will not sit keeping its fingers cross, if the NDA government tried to humiliate any religion followed by Indians, Sonia clarified. Congress, in the responsible position as opposition in the Parliament, would never agree for passing such anti-people ordinances, she claimed. If the Central government was really committed for checking the anti-national activities, the present acts like TADA would be sufficient and there is no need for fresh legislations, Sonia added.

Now, over all these statements and comments, a debate topic is openly spread in the country whether the POTO that is grinding between the ruling and opposition parties retains its shape and emerges as legislation or will be crushed down to powder.

-- Translated by Narasimha Swamy

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