NEW DELHI: More than 200 Muslims who were detained under the Terrorist and Disruptive Activities Act (TADA) in 1989 in Rajasthan continue to languish in various jails despite several concerned citizens and politicians having brought the illegality of the whole affair to the notice of both the state and central governments

Even more curios is that among the persons detained under the Act following riots in the state are three 14-yr-olds and one 80-yr-old.

These persons according to the state government records were arrested in 1989 while the official notification invoking TADA was issued by the Rajasthan government only on March 16, 1990.

Home ministry sources said under the provisions of the Act it could only be invoked by the state government after issuing an official notification. In this particular case since the notification was issued by the state government months after the persons had been detained the detention of these persons was illegal.

NO REDRESSAL: Sources said this lacuna had been repeatedly brought to the notice of the authorities but nothing had been done to alleviate the misery of those detained and their families.

Concerned over this some leaders of the community social workers and even members of the minority cell of the Rajasthan pradesh Congress committee have repeatedly approached the stale and the central government during the last two years but nothing has been decided so far. The matter was also raised in the Rajasthan assembly and in a statement on March 181991 the state home minister Digyijay” Singh admitted 228 persons were detained under TADA and that out of these were 178 such persons against whom no charges were established nor any explosives or weapons recovered from them.

While the Rajasthan home minister admitted this in his subsequent meetings with the members of the minority cell of the Rajasthan Congress committee in July 1991 he expressed his inability to do anything as the “matter had some legal complication” and was being referred to the central government.

Article extracted from this publication >> September 20, 1991