Parliament on Friday passed the amended Unlawful activities Prevention Bill (Amendment) Bill (UAPA), 2019 with the Rajya Sabha giving its assent to it. The legislation to give more teeth to the National Investigation Agency (NIA) and other institutions to fight terrorism was passed with 147 votes in favour and 42 against. The Lok Sabha had already cleared the legislation on July 24.
Allaying the apprehensions of the Opposition over declaring individuals as terrorists, Home Minister Amit Shah said a four-tier screening mechanism is provided in the proposed law to avoid harassment and uphold human rights.
Stressing the need to strengthen the UAPA, he also said given the gravity of threat posed by terrorism, the new legislation will help the security agencies to remain four steps ahead of terrorists.
The Upper House earlier rejected the Opposition-sponsored motion to send the amendment to a select committee with 104 votes against as compared to 85 in favour. The Congress had also voted in favour of this motion.
This is the third legislation in this session that has cleared the Rajya Sabha hurdle where the ruling party does not have a majority. Earlier, the government got the RTI Amendment Bill and the Triple Talaq Bill passed in the House.
Replying to the debate, Home Minister Amit Shah said the proposed law has the provision of four-stage screening with a committee headed by a retired High Court judge and officials going through the process of declaring an individual a terrorist. Moreover, the individual can always appeal to the High Court and Supreme Court, the minister said adding no one’s human rights will be violated.
Responding to P Chidambaram(Congress) contention about the need to declare an individual a terrorist, Shah said individuals comprise a terrorist outfit. The militants keep shifting or opening new terror organizations once under pressure and therefore evade the law and the new legislation will check it. He also said countries including the USA, Pakistan, Israel, European Union and United Nations(UN) have laws to declare individuals as terrorists. The amendments in the present law framed in 1967 will expedite prosecution in terrorism related cases.
Chidambaram warned that the law will be struck down by the courts terming it as unconstitutional and termed the amendments as “mischief.” He also denied the charge the Congress governments were soft on terror and said his government brought in laws.
The senior Congress leader and former Home Minister said his party was not against the law but was opposed to some amendments. He said the issue was that of a liberty of an individual and if the law was passed, it would be struck down by courts.
“An individual who commits terrorist act is punishable. But there is no clear differentiation driven out between punishing an unlawful association and punishing the member of unlawful organisation. Why have you brought this amendment? What is the purpose of this amendment,” he asked.
Chidambaram asked why an individual be named a terrorist when the organisation he belongs to has already been banned.
Elaborating upon the need to declare an individual, Shah said declaring an organisation as a terrorist organization will not stop individuals behind it. “Till the time a person is not declared a terrorist, there cannot be a check on such person’s terror activities,” he said.
The Minister said only those individuals who participate in terrorist activities, those indulging in such activities, propagate the ideology of terrorism and members of known terrorist organisations will be declared as terrorists after this amendment.
On the concerns over designating an Inspector rank officer as the nodal point for investigations and court proceedings and not SP rank officer, Shah said the NIA has to appear before courts in various parts of the country and the agency has 30 odd SPs handling and it is difficult for them to be there for day to day hearing in various parts of the country. Moreover, in states the Inspector rank officer is the investigating officer, he said.
Attacking critics of the law, Shah said those opposing this bill must remember that the original law was not brought by the current Government. “We have always supported a strong law against terrorism and have been committed to any amendment in the past also. A tough law is required to uproot terrorism from India and we would always support that,” he said.
On the track record of the NIA, he said out of 278 terror cases registered by the agency, charge sheet has been filed in 204 cases. Of the 54 cases where judgments have come, conviction has been there in 48. Track record of NIA in conviction in terror cases is outstanding, he said adding there has been a 91 per cent conviction rate of cases for NIA, which is the highest for any investigative agency across the world.
He said 221 persons have been convicted, 92 have been freed of charges by the courts. A total of 131 charge-sheets have been filed from June 1, 2014 to July 2019. Of the total cases, 109 are against Jihadi cases, 27 against left wing terrorists, 47 cases in north east, 14 against khalistani groups, 45 against those involved in hawala trade and foreign currency violations, and another 36 in other cases.
He accused the Congress of giving colour to the law by linking terrorism to religion for political gains.
He alleged that the Congress misused it to frame people linked to a particular religion, in the context of Samjhauta and Mecca Masjid cases, where the accused have been acquitted by court. Shah said this while responding to Digvijaya Singh(Congress) remarks about the so-called tardy investigations and follow-up and follow-up in the courts.
Shah charged the Congress of misusing laws to target the opposition and cited the example of ‘Emergency’ in this regard when opposition leaders were put behind bars and restrictions on media were imposed.
Speaking about the Samjhauta Express blast case, he said those accused during the UPA regime were let go as the court did not find anything against them and the Congress had registered “false” cases against them, keeping elections in mind. Shah alleged that the accused belonged to a certain religion and people of one religion were targeted during Congress rule. Digivijaya Singh said Congress does not have faith in the government’s intent.