The capital police have proposed amendments to the Anti-Terrorism Act (ATA) as, according to them, it has lost relevance in the current wave of terrorism.

The ATA was promulgated in 1997 to check rising sectarian violence. But after 9/11, terrorism gripped the country and investigators, especially police, used the law against terrorists and their facilitators.

Now the police believe that the conviction rate under the ATA is very low as the law is silent on collection of forensic evidence because eyewitnesses hardly come on record in terrorism cases.

Officials in the police and the chief commissioner office said keeping in view the increasing trend of acquittals in terrorism cases, the proposed amendment was an effort to bring on record all those problems the investigating officers encountered during the collection of evidence.

The officials said they had not only identified the problems but also proposed their remedies in the draft amendment.

Amendments have been suggested to the section which deals with the fourth schedule of the ATA. The police have suggested that the names of persons should also be included on the watch list who are not affiliated with any proscribed organisation but have received training or are involved in dissemination or propagation of hate material or speeches against any specific community or sect.

It is also proposed to add words in section 11-EE (1): “or who have received or has been receiving any kind of training that may aid in committing terrorist act from any unofficial or unauthorised organisation or group, or who have remained under trial in a court of law in any case under this act, or those who are found to be involved in the dissemination or propagation of hate material against any specific community or sect irrespective of their affiliation with any proscribed organisation,”

An amendment is also sought to 11-EEE (Power to arrest and detain suspected persons.) It was proposed to add in 11-EEE (1) “or involved in creating sectarian hatred or against whom reasonable grounds of suspicion of being involved in or facilitating terrorism in any form exist.” Besides, the addition of a clause in another sub-section was also sought: “Provided that where, in the view of a head of the district police, the movement of such a person within his area poses a grave and immediate danger of disturbance to public peace or to the lives and property of citizens, the officer may, after recording the reasons in writing, issue an order for the arrest and detention of such a person provided that such an order shall only be applicable for maximum three days during which the officer has to refer the matter to the government for retaining the person in custody.”

It adds: “Further provided that the government may, at any time, modify or rescind any such order of arrest and detention made by the officer.”

An amendment to 11-H (fund raising) was also sought. In clause ‘b’ of sub-sections 1, 2 and 3 after the words ‘terrorism’ following words may be added: “or creating hatred or propagation against any sect, community or minority.”

The officials said the amendment in section 19 (procedure and powers of ATA), an addition was sought in sub-section 1-A at the end “and if the trial of a case has already been started, the court record shall also be transferred to the concerned anti-terrorism court which exercises jurisdiction over the agency or authority to which the case has been transferred.”

The officials said an addition in the section 21-BB was also sought which deals with collection of evidence). (1) If the call data record is required to produce before the court as evidence, the investigator shall be competent to acquire the call data record of mobile/land line number relevant to the investigation of the case through an application moved from the head of the district police to the authorities concerned.

The record shall be collected via recovery memo from relevant officials of the telephone authority and such telephone authority official shall sign such a memo which shall be admissible in the court of law.

Similarly, another clause (2) subject to periodical changes “the government shall notify technical experts to whom investigating officer or a joint investigation team may refer for technical assistance for the analysis of call data and text messages record in any matter relating to the collection of evidence under this act.” Clause (3) in the law “if during the investigation of a case the accused confesses his guilt and in the presence of a magistrate takes the JIT to the scene of occurrence of the crime and points out all the details of the incident, the IO shall prepare a memo of such pointation dully signed by at least two members of the JIT, if any, or by two independent private witnesses.

This memo shall later be an admissible piece of evidence against the accused during his trial,” the officials added.

Published in Dawn, May 18th, 2015

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