From shoddy intelligence gathering to illegal detention and fabrication of evidence, the investigative mechanism in place needs an overhaul from the scratch in order to minimise misuse of UAPA. Muslim organisations and civil rights group have expressed their concerns over amendments of UAPA passed in the Lok Sabha on 29 November despite assurance from Home Minister Sushil Kumar Shinde that the government would never allow misuse of the Act.
Home Minister has expressed that the UAPA is being amended to bring more transparency and clarity to the existing legal framework and remove discrepancy and deficiencies earmarked in its implementation by state and central investigating agencies. This is not the first time it has been assured that the law will not be misused. To a great extent it sounds political as it is hardly backed by sincere commitment to ensure that law would not be misused by investigating agencies. Under the amended UAPA the term of ban on an organisation has been extended from two to five years. The Bill will also cover procurement of weapons, raising funds for terrorist activities and counterfeiting Indian currency.
PUCL, during its 11th national convention in Jaipur on 2 December, declared that it is for repeal of the law because they believe there is enough evidence to show the law has been misused in the name of combating terrorism. It has also expressed its concern saying that the extended period of banning an organisation is against the letter and spirit of the Constitution and a desperate move to silence people and organisations raising their heads to challenge the government. The Bill was passed in the Lok Sabha without proper debate and by neglecting the objections of parties like CPI, CPIM, AIMDK, JDP and MIM.
During the Congress regime and particularly when Chidambaram became Home Minister it was expected that the existing law to tackle terrorist activities in the country would not be misused and no innocent would languish in jail for the crime committed by others. Repeated assurance that the law will not be misused turned out to be a farce and after some intervals innocent Muslims were illegally detained and thereafter the same scripted police version was spread to prove the detention genuine. But in most of the cases the arrests have been made on concocted evidence.
Once again the new Home Minister assured in the Lok Sabha that the government will take all steps to ensure that the amended UAPA is not misused. Let us hope this time that the assurance has come from within and not a parroted political statement as it happens to be. UPA came to power with the promise of repealing POTA but came out with a new version only in name as UAPA which has been formulated by incorporating the draconian features of POTA. As in the past laws like POTA, TADA and UAPA have been misused and the assurance that the latest amendment to the UAPA will not be misused sounds hollow unless our police and agencies function without any prejudice.
The big question: Can a simple assurance from the government compensate the agony and trauma innocents have to face behind bars for years together?