Prevention of Terrorism Ordinance (POTO) promulgated

keralamonitor.com

New Delhi; December 31, 2001 The Prevention of Terrorism (Second) Ordinance, 2001 has been promulgated. The President promulgated the Ordinance today. The issue of this Ordinance became necessary as the Prevention of Terrorism Bill, 2001 which sought to replace the earlier Ordinance promulgated on 24th October, 2001 could not be introduced and considered in the Lok Sabha during its Winter Session before Parliament was adjourned sine die. The terrorist attack on the Parliament on 13th December, 2001further strengthened the Government's resolve to carry the fight against terrorism to its logical conclusion.

Meanwhile a number of suggestions/views were expressed by different quarters during discussions on the POTO which were considered by the Government. The following modifications have been incorporated in the Ordinance now promulgated --It has been provided that the legislation shall remain in force for a period of three years instead of five years from the date of its commencement.

Sub-clause (8) of clause 3 which makes provision for punishment of persons who is in possession of an information which he knows or believes to be of material assistance in preventing the commission of terrorist act and fails to disclose that information to the police, has been omitted.iii)Clause 7 has been modified to delete reference to the Special courts, thus doing away with concurrent jurisdiction of the Designated Authority and the Special Courts and to provide for an appeal against the order made by the Designated Authority to the Special Court. iv) Clause 8 has been modified to vest power of forfeiture of the proceeds of terrorism in the Special Court instead of the Designated Authority.
v) "Property" defined under clause 2 (1) (d) shall now include Bank Accounts. vi)
A transitional provision has been made to enable Court of Session to try the offences punishable under the Ordinance till the Special Courts are constituted under the provisions of the Ordinance. vii) Subsequent to the promulgation of the Ordinance on 24th October, 2001, two more organizations have been declared as terrorist organizations. Accordingly, the Schedule of the Ordinance now contains 25 organizations as against 23 in the earlier Ordinance.