NEW DELHI: The Homo Secretary. K. Padmanabhniah, last week came out in strong defence of the Terrorists and Disruptive Activities (Prevention) ACI (TADA) dismissing as “wrong the charge that the law was being misused against the minorities.

Talking to media persons in his North Block office, Padmanabhninh extensively quoted figures to assert that the law was neither targeted against the minorities especially Muslims” nor it was being widely used. He said it was “totally wrong” to describe the TADA as a draconian law. Ho stated that at the height of the use of the TADA” the number of Muslims arrested was only 2,188 out of 46,967. Those figures excluded the cases in Gujarat and Jammu and Kashmir.

The Home Secretary admitted that in Gujarat there had been “misapplication and misuse of the TADA in the past and while in Jammu and Kashmir “where a proxy war was going on, since the majority population was Muslims, the number of detentions also reflected a similar percentage of Muslims.” or the total 5,345 detainees under the TADA ON December 31, 1994, only about 500 were Muslims, he said.

Padmanabhaiah’s categorical defence of the TADA indicated that the Home Minister, S.B. Chavan’s view had finally prevailed and the Act would not be repealed as demanded by many Congress and Muslim leaders and even ministers, including Rajesh Pilot Minister of State for Home (Internal Security). The Home Secretary nevertheless hinted that the TADA might be amended. Sources in the ministry said the amendments incorporating Supreme Court’s observations might be made in May while seeking the extension of the TADA. Certain “safeguards” which were being currently observed through executive orders would also be given Statutory sanction.

Asserting that the Act was not being widely used in all states, the Home Secretary said of the to total cumulative 77.571 arrests under the TADA, Tour states namely Jammu and Kashmir Punjab, Assam and Gujarat alone accounted for 84%. Of 42,666 persons facing various provisions of the Ac on December 31, 1994, these belonging to Andhra Pradesh, Assam Punjab and Jammu and Kashmir totaled 34 923 or 5.345 detainees on December 31. 1994. Jammu and Kashmir, Punjab, Assam Andhra Pradesh and Maharashtra – “live states affected by terrorism, insurgency and organized crime” – accounted for 64% of the detentions.

Article extracted from this publication >> February 10, 1995