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Proposed bill more draconian than TADA: PUDR

The People's Union for Democratic Rights said the proposed Criminal Law Amendment Bill is worse than the lapsed Terrorist and Disruptive Activities (Prevention) Act and lacks the ''minimum safeguards'' for the protection of the fundamental rights of the citizens.

After the lapsing of TADA in 1995, the Criminal Law Amendment Bill was introduced in the Rajya Sabha and was later referred to the Law Commission which has incorporated some amendments and is understood to have recommended its enactment.

At a press conference in New Delhi, the PUDR spokespersons said the proposed bill violates the fundamental rights guaranteed by the Constitution, powers of the high courts and also international covenants to which India is a signatory.

The PUDR cited a number of provisions of the proposed legislation which, it says, violates the fundamentals of criminal jurisprudence. The spokespersons said the bill blesses a regime of presumptions regarding the guilt of a person charged under the proposed law. ''The bill makes a radical departure in introducing offences punishable even with death while doing away with standard of proof beyond reasonable doubt,'' they said.

Also, the PUDR said, confessions extracted during police custody, which are inadmissible, have been made admissible as evidence under the new law. ''The safeguard that such confession has to be made before a police official not below the rank of Superintendent of Police is not adequate,'' they said.

The PUDR said the bill creates new offences many of which are ''vaguely defined'' thus capable of oppression and harassment besides blurring the distinction between the judiciary and the executive. ''Powers of confiscation and attachment of property have been conferred on the executive,'' it said. ''The designated authority (not below the rank of joint secretary) will become an extension of the judiciary,'' the spokespersons said.

They said the bill also enables detention without charges for an unduly long period of six months. Also a person could be transferred from judicial custody to police custody at any time under this bill though at present this is allowed only for the first 15 days, they pointed out.

The PUDR also expressed concern over the provision that the designated court could cross examine any witness under a shield to avoid disclosing his identity. ''This is also open to abuse,'' the PUDR said while calling for a public debate on the proposed bill.

UNI

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