NEW DELHI: With less than month to go before the Terrorism and Disruptive Activities (Prevention) Act (TADA) lapses, the Government is feverishly considering five specific options on the future of the legislation.

A decision on which option to choose is to be taken by Prime Minister P.V. Narasimha Rao before the Act lapses a few weeks from now, on May 23, 1993.

The fact that TADA has become politically controversial has forced the Government to consider those options.

With General Elections due within a year, the ruling Congress Party would like to take a decision that would help restore its image among the Muslim electorate, which feels that it has been victimized due to the misuse of TADA by State Governments in the past, notably Gujarat. Among the proposals is to limit the operation of the law to Jammu & Kashmir and the seven northeastern States which are affected by secessionist insurgency.

The problem with this proposal however, is that often a person committing an offence under TADA escapes to other States (and even other countries).

Officials express anxiety that law enforcement personnel may find their hands tied when a TADA offender is caught in a part of India where the law does not apply, and thus may not be able to take suitable action.

The second option before the authorities is to make TADA implementable only by the Central Government.

In effect, this would mean that a State agency, before making an arrest under TADA, would have to sack the: Center’s sanction, Officials fear that this procedure may ultimately prove too time consuming and thus may undermine the efficacy of the law.

The third proposal is to set up a three member Committee in each State to sanction each arrest under TADA.

These committees would comprise the State Home Secretary, the State Director General of Police, and either the Union Home Secretary or his representative,

The fourth option is to shorten the period during which an accused can ‘be detained all a charge sheet is filed.

Till an amendment in 1993, the period of remand under this non-bail-able offence was a year, the time limit is currently 180 days, with the option of the police being granted another 180 days if they can satisfy the designated TADA court on their reasons for not filing the charge sheet within the specified time period (after the lapse of the time limit, the accused is free to go).

The Government’s proposal is to shorten this time period to 90 days a charge sheet is not filed within this period, and is if the designated TADA court is convinced by the police explanation, then another 90 day limit would be granted, following which the accused would be free to go.

The last proposal before the Government is to do away with the controversial legislation by allowing it to lapse on May 23, Yet, as the TADA enactment was meant to tackle antinational activities, necessary amendments would have to be brought to other laws.

If the Government does not choose the fifth option, then TADA would be amended and extended before it lapses at the end of the month.

Article extracted from this publication >> May 5, 1995