CHANDIGARH, Oct 20 Bathinda is the only district in Punjab where the provisions of the Terrorist “and Disruptive Activities (Prevention) Act (TADA) have been invoked ‘on less than 30 occasions.

According to figures available nearly 12000 cases had been registered all over the state until the beginning of last month with an overall average of 800 TADA cases per police district of the state.

Bathinda was the only district ‘where the number of TADA cases was 27 against the next minimum of Sangrur (199 cases) while Tarn Taran headed the 1st with 1,590 cases. Mayitha (1518 cases), Amritsar (1351 cases), Batala (1284 cases), Faridkot (1210 cases), and Ludhiana (1009 * cases) followed in that order.

Of the 11,737 cases registered under TADA in the state until August 31 this year, convictions were made in only 26 cases. These convictions were from 5,695 cases, the challans of” which were filed in designate courts. Nearly 3,600 cases are pending completion of investigation.

During his last visit to Punjab, the Prime Minister announced scrutiny of cases registered under TADA and assured that all innocent persons framed in such cases would be released. Prior to the announcement of the Prime Minister, 800 TADA cases were withdrawn all over the state. And after the announcement, the Home Department has recommended the withdrawal of 454 cases.

The slow pace of withdrawal of such cases despite repeated announcements, both by the Centre and the state government, was primarily because of non-functioning of divisional committees constituted after fresh guidelines on review of such ‘case were constituted. In some cases, the divisional committees could not start functioning as new divisional commissioners or deputy commissioners did not join their duties after their last transfers in the state.

Compared to 11,737 TADA cases registered, the security forces arrested 10,262 persons of which 5,482 persons were later bailed out, 2.749 persons were acquitted and ‘1,596 persons were discharged.

There were 159 persons below the age of 21 years arrested under various TADA cases The state government has now decided to keep them together at Nabhia security jail and encourage them ‘in various extracurricular activities so as to persuade them to join the mainstream before their release.

In August this year, the state government circulated fresh guidelines to the divisional review committees and directed them to meet once a month and send their respective recommendations to the stale government by the filth of every month, There had been a feeling at the state headquarters here, that the process of review of cases was slow and tardy and in the absence of specific guidelines, the pace could not be increased.

The “specific” guidelines issued in the last week of August directed the district authorities not to bring cases registered under Sections 302, 307, 392 and 397 of the Indian Penal Code and various sections of the Arms Act under the ambit of TADA.

The guidelines further said that in most of .the encounter cases, the security forces did not collect any evidence to prove that the suspected torrents intended to overawe the security forces or an attempt was made by suspected persons to strike terror. An exchange of fire between security forces and suspected terrorists did not necessarily mean that it was a fit case for TADA such cases should be sent to ordinary courts for speedy trial, the guidelines said

The guidelines further said that murder, attempt to murder, robbery and related crimes were covered under the Indian Penal Code and there was no need or justification for invoking provisions of TADA in such cases. No section of TADA should be invoked in such cases until the suspects ‘raised secessionist slogans while committing the crime or indulged in any other disruptive ‘activity.

The Home Department also notified that in case a fire-arm, say a gun, wan recovered from a suspected terrorist and the length of the barrel of the gun was less than 20 inches, a case under the Arms Act should be registered and no notice should be taken under TADA. The guidelines further clarified that Section 5 of TADA should be invoked only if both illicit arms and ammunition were recovered from a suspected terrorist.

Another important guideline relates to recording of confessional statements. Under Section 15 of TADA, a confessional statement made by a suspected terrorist before a police officer not below the rank of a Superintendent was admissible during trial But a number of cases had come to the notice of the state government that such statements were recorded by junior officers and further there was no evidence to connect the detained or suspected terrorist with the crime. In such cases since a confessional statement could not be used at the time of trial, the department felt that there was no need to keep such cases pending.

Further, to make the confessional statement look voluntary, the accused person should not be in police custody, both before and after making the statement. In all cases, the guidelines said, if the accused person remained in police custody before and after the confessional statement and there was no corroborating evidence, such cases could be withdrawn.

In cases where accused persons. Were not named in FIRs and further there was no sufficient evidence to establish his identity, such cases should also be considered for withdrawal. The guidelines also suggested that cases involving person’s upto the age of 21 years should be considered for withdrawal on priority basis.

Going by comparison, more cases were withdrawn during the tenure of Mr Nirmal Mukarji than the present Governor.