New anti-terror laws

New anti-terror laws— Two new anti-terror laws came into force with effect from December 31, 2008 fulfilling a great void in our fight against terrorism. The need for a federal investigating agency to investigate all crimes relating to terrorism having inter-state and international ramifications was felt by many agencies including the Second Administrative Reforms Commission, but could not be set up due to vigorous opposition from the states which considered such a step as encroachment into the domain of state activities. The Mumbai attack by the Pakistani terrorists however jolted the nation to such an extent that the states could hardly oppose the setting up of a federal investigating agency. The National Investigation Agency Act, 2008 would empower the Union Government to set up a central agency for investigation of all terrorist related crimes and other crimes falling under eight laws including the Atomic Energy Act, Anti-Hijacking Act etc. The Sub-Inspectors appointed under the NIA Act would have power to take cognizance of any offence anywhere in the country which falls within the eight Acts listed in the NIA Act. Besides, the State government can also approach the NIA to take up investigation of terrorist acts and the Centre would decide within 15 days whether it was a fit case to be taken up by the NIA. The NIA would ensure speedy investigation and trial of terrorist crimes.The Unlawful Activities (Prevention) Amendment Act, 2008 is an improvement on the existing anti-terror law but less draconian than the TADA or POTA. The new Act would allow the investigating agency to detain a suspected person up to 180 days. The court would also assume a suspected person guilty of the crime unless the contrary was proved by the accused person. The burden of proof has now shifted from the prosecution to the accused person. There are adequate safeguards to prevent misuse of the provisions of the new Act. A committee of retired judges would be constituted to examine each case brought under the Act before sanction was accorded for prosecution. Special courts would be set up to try all cases relating to terrorism. The Home Minister emphasised that the rights of the individuals and the states would be respected and the new laws would ensure speedy and efficient investigation, fair and speedy trial and deterrent punishment. The laws are punitive and not preventive as the jehadi terrorists were not deterred by law because they were ready to die and prepared to kill. Tough terror laws are not enough to end terrorism, other measures like strengthening the security and intelligence agencies, providing them with sophisticated weapons and gadgets must also be ensured. However, a good beginning has been made and the Union and the State governments should join hands to end the menace of terrorism. source: assam tribune