The Prevention Of Terrorism Bill, 2002
(See section 18)
Terrorist Organisations
1. BABBAR KHALSA INTERNATIONAL.
2. KHALISTAN COMMANDO FORCE.
3. KHALISTAN ZINDABAD FORCE.
4. INTERNATIONAL SIKH YOUTH FEDERATION.
5. LASHKAR-E-TAIBA/PASBAN-E-AHLE HADIS.
6. JAISH-E-MOHAMMED/TAHRIK-E-FURQAN.
7. HARKAT-UL-MUJAHIDEEN/HARKAT-UL-ANSAR/KARKAT-UL-JEHAD-E-ISLAMI.
8. HIZB-UL-MUJAHIDEEN/HIZB-ULMUJAHIDEEN PIR PANJAL REGIMENT.
9. AL-UMAR-MUJAHIDEEN.
10. JAMMU AND KASHMIR ISLAMIC FRONT.
11. UNITED LEBERATION FRONT OF ASSAM (ULFA).
12. NATIONAL DEMOCRATIC FRONT OF BODOLAND (NDFB).
13. PEOPLE’S LIBERATION ARMY (PLA).
14. UNITED NATIONAL LIBERATION FRONT (UNLF).
15. PEOPLE’S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK).
16. KANGLEIPAK COMMUNIST PARTY (KCP).
17. KANGLEI YAOL KANBA LUP (KYKL)
18. MANIPUR PEOPLE’S LIBRATION FRONT (MPLF).
19. ALL TRIPURA TIGER FORCE.
20. NATIONAL LIBERATION FRONT OF TRIPURA.
21. LIBERATION TIGERS OF TAMIL EELAM (LTTE).
22. STUDENTS ISLAMIC MOVEMENT OF INDIA.
23. DEENDAR ANJUMAN.
24.COMMUNIST PARTY OF INDIA (MARXIST-LENINIST)—PEOPLE’S WAR, ALL ITS FORMATIONS AND FRONT ORGANISATIONS.
25. MAOIST COMMUNIST CENTRE (MCC), ALL ITS FORMATIONS AND FRONT ORGANISATIONS.
Explanation.— For the purposes of this Schedule, serial numbers 24 and 25 shall be deemed to have been included with effect from the date of publication of S.O. No. 1194(E), dated the 5th December, 2001.
STATEMENT OF OBJECTS AND REASONS
The country faces multifarious challenges in the management of its internal security. There is an upsurge of terrorist activities, intensification of cross-border terrorist activities and insurgent groups in different parts of the country. Very often, organized crime and terrorist activities are closely inter-linked. Terrorism has now acquired global dimensions and has become a challenge for the entire world. The reach and methods adopted by terrorist groups and organisations take advantage of modern means of communication and technology using high-tech facilities available in the form of communication systems, transport, sophisticated arms and various other means. This has enabled them to strike and create terror among people at will. The existing criminal justice system is not designed to deal with the types of heinous crimes with which the proposed law deals with.
2. In view of the situation, as stated above, it was felt necessary to enact a legislation for the prevention of, and for dealing with terrorists’ activities. However, sufficient safeguards are sought to be provided in the proposed law to prevent the possibility of its misuse. Parliament was not in session and the circumstances existed which rendered it necessary for the President to promulgate the Prevention of Terrorism Ordinance, 2001 on 24th October, 2001. During the Winter Session of Parliament in December, 2001 steps were taken for the introduction of the Prevention of Terrorism Bill, 2001 in the Lok Sabha. However, the Bill could not be introduced and considered in the Lok Sabha as Parliament adjourned sine die on 19th December, 2001. The terrorist attack on Parliament House on 13th December, 2001 and the prevailing circumstances rendered it necessary for the President to promulgate the Prevention of Terrorism (Second) Ordinance, 2001 on 30th December, 2001 with a view to give continuity to the Prevention of Terrorism Ordinance, 2001 promulgated on 24th October, 2001.
3. The Prevention of Terrorism Bill, 2002 seeks to replace the Prevention of Terrorism (Second) Ordinance, 2001.
New Delhi; L. K. ADVANI.
The 7th February, 2002
FINANCIAL MEMORANDUM
Clause 23 of the Prevention of Terrorism Bill, 2002 provides for constitution of Special Courts by the Central Government or the State Government and also for appointment of Judges and Additional Judges of those Courts. Clause 28 of the said Bill provides for appointment of Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor by the Central Government or the State Government, as the case may be.
2. The expenditure towards the setting up of Special Courts by the State Governments and towards salary and allowances of the Judges, Additional Judges, Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors and the staff of such Courts will be defrayed out of the Consolidated Fund of the States concerned. The expenditure towards setting up of Special Courts by the Central Government in any State or Union territory will be met out of the Consolidated Fund of India. The likely expenditure on each Special Court and on the salary and allowances of the Judges, Additional Judges, Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors and the staff of such Courts for five months is expected to be Rs. 20 lakhs out of which Rs. 10 lakhs would be of a recurring nature and Rs. 10 lakhs of a non-recurring nature. As it is not possible at this stage to visualize the number of such Courts that may have to be established, it is, therefore, not possible to give an estimate of actual expenditure that may have to be incurred on this behalf.
3. Sub-clause (1) of clause 60 of this Bill, provides, inter alia, for constitution of one or more Review Committees by the Central Government. Some expenditure of a recurring nature will have to be incurred in connection with the Review Committees and it is not possible at this stage to make an accurate estimate of the expenditure which may be involved.
4. The provisions of the Bill do not involve any other expenditure of a recurring or non-recurring nature.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (3) of clause 19 of the Bill empowers the Central Government to make rules to prescribe the procedure for admission and disposal of an application made under sub-clause (1) of clause 19.
2. Clause 61 of the Bill empowers the High Courts to make such rules, if any, as they may deem necessary for carrying out the provisions of the Bill relating to Special Courts within their territories.
3. Clause 62 of the Bill empowers the Central Government to make rules for carrying out the provisions of the Bill to provide for all or any of the following matters, namely:—
(a) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient and the removal of such persons from such areas;
(b) the entry into, and search of any vehicle, vessel, or air craft; or any place, whatsoever;
(c) conferring powers upon the Central Government, State Government, Administrator of a Union territory under article 239 of the Constitution, an officer of the Central Government not lower in rank than that of a Joint Secretary, or an officer of a State Government not lower in rank than that of a District Magistrate to make general or special orders to prevent or deal with terrorist acts;
(d) the arrest and trail of persons contraventing any of the rules or any order made thereunder;
(e) punishment of any person who contravenes or attempts to contravene or abets or attempts to abet the contravention of any rule or order made there under with imprisonment for a term which may extend to one year or fine or both;
(f) providing for the seizure and detention of any property in respect of which such contravention, attempt or abetment as is referred to in item (e) has been committed and for the adjudication of such seizure and detention, whether by any court or by any other authority;
(g) determination of the price of the forfeited property under sub-clause (2) of clause 10;
(h) the procedure for admission or disposal of an application under sub-section (3) of clause 19;
(i) the qualification of the members of the Review Committee under sub-clause (2) of clause 60.
4. The matters in respect of which the rules may be made under the foregoing provisions relate to matters of details or procedure. The delegation of legislative power is, therefore, of a normal character.
PS: The Centre has declared Al Badr and Jamiat-ul-Mujahedeen as terrorist organisations under POTA 2002 with immediate effect---PTI April 1, 2002. With the addition of these two outfits in the list of those proscribed under the earlier ordinance (Poto), takes the total number of such organisations to 27.
The Centre on April 8, 2002 declared Osama bin Laden's outfit, al-Qaeda, as a terrorist organisation with immediate effect.With the inclusion of al-Qaeda, the total number of terrorist outfits falling under the Pota has risen to 28.