“PREVENTION OF TERRORISM ACT”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED-

POTA 2002

SUBMITTED TO- SUBMITTED BY-

Mr. VIJYANT SINHA NAME: KESHAV SHARMA

TEACHER ASSOCIATE COURSE: B.B.A, L.L.B(Hons.)

ROLL NO- 2022

SEMESTER- 1st

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

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INTRODUCTION
The terrorist attacks of September 11, 2001 sent shockwaves of fear and insecurity far beyond
the borders of the United States. India in particular had reason to be afraid, and its fear was not
merely for the 250 Indian citizens who were trapped in the burning towers of the World Trade
Center. As a nation already at war with terror, it was clear that the struggle was about to get
harder. Since gaining independence fifty years ago, India has seen the assassination of its most
prominent civil rights leader, a prime minister, a former prime minister, and a retired Army
chief. Moreover, for over ten years, India has been fighting insurgents in Kashmir, including
Islamic radicals from Pakistan and Afghanistan . As of the fall of 2001, terrorists in Kashmir had
killed thousands of civilians, policemen, and Indian soldiers, and violence raged on. Add to these
concerns the continued separatist violence in India’s northeast, the potential threat of the Tamil
Tigers in the south, and the existence of an organized, international crime network distributing
weapons and explosives to all of the above, and it is unsurprising that government officials felt
compelled to act swiftly and forcefully in the wake of Al Qaeda’s assault on the United States.

India’s Union Cabinet issued the Prevention of Terrorism Ordinance (POTO) in October 2001.

TENTATIVE CHAPTERIZATION

1) Introduction :
The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by the Parliament of
India in 2002, with the objective of strengthening anti-terrorism operations. The Act was
enacted due to several terrorist attacks that were being carried out in India and especially
in response to the attack on the Parliament. The Act replaced the Prevention of Terrorism
Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act
(TADA) , and was supported by the governing National Democratic Alliance.
2) What is terrorism?
Terrorism is the most henious activites in the world. The term "Terrorism" comes
from the French word Terrorisme, which is based on the Latin verb “terrere” (to cause
to tremble). The Jacobins cited this precedent when imposing a Reign of Terror
during the French Revolution. After the Jacobins lost power, the word "terrorist"
became a term of abuse. In modern times "Terrorism" usually refers to the killing of
innocent people by a private group in such a way as to create a media spectacle.

3) History of terrorism in India

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Terrorism in India is started before India got independence on 1947 but that times terrorist
activities aim create a fear among the British Ruler and not killed the general People. So we not
called these freedom fighters as a terrorist but after 1947 the terrorism activities to kill the
innocent people. In early times the Kashmir, Punjab and North East Frontier part was affected of
terrorism. But in current scenario the terrorism scope has been increase. The regions with long
term terrorist activities today are Jammu and Kashmir, Mumbai, Central India (Naxalism) and
Seven Sister States (independence and autonomy movements).

4) Impact and repeal

Once the Act came into force, many reports surfaced of the law being grossly abused. POTA was
alleged to have been arbitrarily used to target political opponents. Only four months after its
enactment, state law enforcement officers had arrested 250 people nationwide under the Act, and
the number was steadily increasing. A mere eight months later, seven states where POTA was in
force, had arrested over 940 people, at least 560 of whom were languishing in jail. Several
prominent persons like Vaiko were arrested under the act.

On 7 October 2004, the Union Cabinet under UPA government approved the repeal of the
act. The act was repealed by passing Prevention of Terrorism (Repeal) Act, 2004. NDA asked
UPA to introduce the Act again, but Congress criticized it and did not pass the Act.

5) Important cases
Prominent POTA cases

 Vaiko, a Tamil politician, was controversially arrested under the POTA for his support to
the Liberation Tigers of Tamil Eelam.

 S.A.R. Geelani, a lecturer at Delhi University, was sentenced to death by a special POTA
court for his alleged role in the 2001 attack on the Indian Parliament. He was later
acquitted on appeal by the Delhi High Court on a legal technicality.

 Syed Ali Shah Geelani, the leader of the Jamaat-e-Islami group was arrested under
POTA.

 Raghuraj Pratap Singh, a.k.a. Raja Bhaiya, a Member of the Legislative

Assembly from Kunda, India was arrested on the orders of then Chief
Minister, Mayawati. He was sent to jail under POTA.

6) Conclusion: India has been waging that war for over fifty years, and has learned a great deal
from its successes and failures. No politician since Indira Gandhi has suspended the constitution. After
heavy-handed action within Punjab, the Indian military now fights its largest anti-terror battles at the
border. TADA’s widespread abuse and unpopularity instructed legislators to include enhanced safeguards

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in POTA. Abuses persist, however, and the learning must continue. India must continue to refine broad
definitions of terrorist offenses and guard against arbitrary detentions motivated by politics, prejudice,
or haste.

SOURCES OF DATA:

The researcher used secondary sources of data to complete the rough draft.

1) Secondary sources include all the websites on POTA while making the project.

BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough proposal:

SECONDARY SOURCES:

1) WEBSITES:

a) https://en.wikipedia.org
b) www.academia.edu
c) http://www.legalserviceindia.com/article/l273-pota.html

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