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November 19, 2001
2130 IST

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Govt may agree to amend POTO

Tara Shankar Sahay in New Delhi

The Bharatiya Janata Party is amenable to making five amendments in the Prevention of Terrorism Ordinance to satisfy the opposition as well as some of its allies in the ruling National Democratic Alliance, a senior home ministry official said on Monday.

The official told rediff.com that in view of the opposition's avowed objective of stalling parliamentary proceedings if some of POTO's draconian measures are not amended, "the government is amenable to amending five provisions which are unacceptable not only to the opposition parties but also some NDA allies [like the Telugu Desam Party, Dravidra Munnetra Kazhagam and the Trinamul Congress].

He pointed out that many of these parties are vehemently opposed to the provision under which a journalist's inability to share vital information with the government or disclose his sources of information would land him in trouble.

Another provision likely to be amended makes non-disclosure of information by a journalist tantamount to giving material assistance to terrorists or hindering the prevention of a terrorist act and punishable by a year's imprisonment. The government argues that it is aimed at people sheltering terrorists.

The third provision that some NDA members as well as the opposition are keen to see amended holds that disruption of essential services would be tantamount to an act of terror. He underscored that since states without an NDA-led government would also be affected by this provision, the allies have backed the opposition's demand that it must be amended.

The fourth provision they want amended relates to bail. This provision holds that bail should not be granted to an accused person if the public prosecutor opposes it. Further, if a judge wants to grant bail, he has to state that prima facie the person in question is not guilty.

The fifth provision relates to the admissibility as evidence of a confession made before an officer of the law not below the rank of superintendent of police. The opposition parties say this provision will be misused to victimise all those opposed to the government, particularly the minorities.

"Prime Minister Atal Bihari Vajpayee is aware that the opposition to POTO is a reality that will persist until resolved. This is why he is holding an all-party meeting in a bid to smoothen the irritants," the official said.

Significantly, neither BJP Parliamentary Party spokesman Vijay Kumar Malhotra nor any of his senior colleagues in Parliament were willing to comment on the likelihood of the government agreeing to these amendments.

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