Moily Panel feels laws not enough to deal with terrorism

New Delhi, Sept 16 (PTI) In sharp contrast to the Centre's stand, a key government-appointed panel Tuesday felt that existing laws were not enough to deal with terrorism and recommended a comprehensive anti-terrorist legislation.

"A comprehensive and effective legal framework to deal
with all aspects of terrorism needs to be enacted," the second
Administrative Reforms Commission (A.R.C.) said in its eighth
report on 'Combating Terrorism'.

Releasing the 185-page report at a press conference,
Commission's Chairman M Veerappa Moily felt that present laws
were not enough to tackle the menace and said the law should
have adequate safeguards to prevent its misuse.

The government has been of the view that the existing
laws were adequate to deal with terrorism and crimes having
inter-state links.

He said a legal provision to deal with terrorism could be
incorporated in a separate chapter in the National Security
Act (N.S.A.), 1980.

The Commission also suggested that no person accused of
an offence punishable under (N.S.A.) should be released on
bail.

He refuted the opposition's charge that the U.P.A.
government was soft on terror and said the demand by
B.J.P.-ruled states of Rajasthan and Gujarat for a
Maharashtra-type anti-terror law would not be an answer.

On the saffron party's demand for POTA-like law, he
said it was not a comprehensive measure and could be misused.

Suggesting a federal agency to investigate terrorist
offences, the report said that a specialised division should
be created in the Central Bureau of Investigation to go deal
terror cases.

The Commission also recommended that special fast track
courts should be set up exclusive for trial of
terrorism-related cases.

Measures should also be taken to block flow of funds
for financing terrorist activities, it added.

The Commission, which has submitted its report to
Prime Minister Manmohan Singh and Home Minister Shivraj Patil,
said there was a need to define "more clearly" the criminal
acts which can be construed as being terrorist in nature.

The report, released to media soon after the serial
blasts in the national capital, says the definition should
deal with use of firearms and explosives to cause damage to
life and property, assassination of public functionaries,
including such attempts, and providing finances for such
activities.

On its recommendation for setting up of a specialised
division in the CBI to investigate terror offences, the panel
said it should be ensured that the unit was staffed by
personnel of proven integrity and those who were
professionally competent.

They should also have developed the required expertise
in investigation of terrorism related offences, it said.

Taking a strong view of financing of terrorism, the
panel recommended suitable amendments in the Prevention of
Money Laundering Act (P.M.L.A.) to widen its scope and
outreach.

It may be examined whether institutional coordination
mechanisms between the Directorate of Enforcement and other
intelligence collecting and investigating agencies, could be
strengthened and some provisions of the P.M.L.A. delegated to
them by the Enforcement Directorate, the Commission said.

On measures to block the flow of funds for financing
terrorist activities, it said the new legal framework on
terrorism may incorporate provisions regarding freezing of
assets, funds, bank accounts, deposits and cash when there is
reasonable suspicion of their intended use in terrorist
activities. PTI SMI
ASJ
NNNN