NEW DELHI, Sept 17: The cabinet of Prime Minister Manmohan Singh agreed at a meeting on Friday to repeal the country's controversial Prevention of Terrorism Act (Pota).

The Congress-led United Progressive Alliance government has maintained that Pota has been misused, particularly against Muslims.

The act was brought in by the Bharatiya Janata Party after an attack on the Indian parliament in December 2001. Home Minister Shivraj Patil said the existing Unlawful Activities Prevention Act would be amended to cover terrorism.

Mr Patil told a news conference the government would bring forward an ordinance to withdraw Pota and another to amend the 47-year-old Unlawful Activities Prevention Act. The BJP said that the cabinet decision to repeal the law through an ordinance was "politically motivated" and it had compromised with the essentials of national security.

Kashmiri resistance leaders said they were relieved that the law was being deleted. BJP spokesman Arun Jaitley said the BJP had announced its decision to implement Pota in the states ruled by the party and they would come out with their own laws if necessary to fight terror.

The party, he said, would watch the alternative law sought to be enacted by the UPA, to see if it was adequate. The essential features of Pota included definition of 'terrorism', making funding of terrorism an offence, provision for confiscating money and assets earned as profits of terrorism, interception of communication between terrorists, ban on terrorist outfits, stringent bail provisions, protection of witnesses and constitution of special courts to try out offences.

Mr Jaitley said a strange situation now existed as there were tougher laws to fight organized crimes in Andhra Pradesh, Karnataka, Maharashtra and Gujarat while soft laws were present to fight terrorism.

Asked if the BJP viewed the cabinet decision as a violation of election code in view of state polls in Maharashtra on Oct 13, Mr Jaitley said the party was studying the issue.

He said India had been fighting terrorists for over two decades in different forms in Jammu and Kashmir, Assam and other north-eastern states and the incursions of Maoist extremists from Nepal.

Mr Patil said one of the main problems with Pota had been that it required the accused to prove his innocence rather than the prosecution to prove guilt. He said the purpose of repealing the law was to ensure innocent people did not suffer.

He said bail provisions under Pota were also very difficult, resulting in long custodial terms for the accused. Mr Patil said all pending Pota cases would be reviewed by a committee within a year.

"We have been traumatized by this law. The cabinet's decision will bring respite to many Kashmiri families," said Jammu and Kashmir Liberation Front leader Javed Ahmed Mir. Pota broadened the scope of the death penalty and gave prosecuting lawyers more scope to detain and interrogate suspects.