Combating Terrorism: Summary | Indian Polity for UPSC CSE PDF Download

Summary of Recommendations on Combating Terrorism

1. Need for a comprehensive Anti-Terrorist Legislation: A comprehensive and effective legal framework to deal with all aspects of terrorism needs to be enacted. The law should have adequate safeguards to prevent its misuse. The legal provisions to deal with terrorism could be incorporated in a separate chapter in the National Security Act, 1980.
2. Definition of Terrorism– There is need to define more clearly those criminal acts which can be construed as being terrorist in nature, definition should include the following:
   • Use of firearms, explosives or any other lethal substance to cause or likely to cause damage installations/ establishments having military significance.
   • Assassination of (including attempt thereof) public functionaries.
   • The intent should be to threaten the integrity, security and sovereignty of India or overawe public functionaries or to terrorise people or sections of people.
   • Providing/facilitating material support, including finances, for the aforesaid activities.
3. Bail Provisions: Regarding grant of bail, the law should provide that:
   • No person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless the Court gives the Public Prosecutor an opportunity of being heard;
   • Where the Public Prosecutor opposes the bail application of accused to release on bail, no person accused of an offence punishable under this Act or any rule made thereunder shall be released on bail until the Court is satisfied that there are grounds for believing that the accused is not guilty
   • A Review Committee should review the case of all detenus periodically and advise the prosecution about the release of the accused on bail and the prosecution shall be bound by such advice.
4. Confession before a Police Officer: Confession before the police should be made admissible as recommended in the Report on Public Order. But this should be done only if comprehensive police reforms as suggested by the Commission are carried out.

Directions of the Supreme Court in Prakash Singh vs Union of India

• State Security Commission in every state that will lay down policy for police functioning, evaluate police performance, and ensure that state governments do not exercise unwarranted influence on the police.
• Police Establishment Board in every state that will decide postings, transfers and promotions for officers below the rank of Deputy Superintendent of Police
• Police Complaints Authorities at the state and district levels to inquire into allegations of serious misconduct and abuse of power by police personnel.
• Minimum tenure of at least two years for the DGP and other key police officers (e.g., officers in charge of a police station and district) within the state forces, and the Chiefs of the central forces to protect them against arbitrary transfers and postings.
• DGP of state police is appointed from amongst three senior-most officers who have been empanelled for the promotion by the Union Public Service Commission on the basis of length of service, good record and experience.
• Separate the investigating police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people.
• National Security Commission to shortlist the candidates for appointment as Chiefs of the central armed police forces.

Presumptions under the Law: The following legal provisions should be included regarding presumptions: If it is proved –

• That the arms or explosives or any other dangerous substance were recovered from the possession of the accused.
• If it is proved that the accused rendered any financial assistance to a persona accused of, or reasonably suspected of, an offence of terrorism, the Court shall draw adverse inference against the accused.

Review Committee: A statutory Review Committee should be constituted to examine each case registered, within 30 days of its registration. The Review Committee should satisfy itself that a prima facie case has been made out by the investigation agency. This Committee should review each case every quarter.

• Special Courts: Provisions for constitution of Special Fast Track Courts exclusively for trial of terrorism related cases may be incorporated in the law on terrorism. Other specific provisions related to such Special Courts may also be incorporated. Such Courts may be set up as and when required.
• Possession of Arms etc.
  Provision for penalizing unauthorized possession of certain specified arms and ammunition in notified areas and unauthorized explosive substances, weapons of mass destruction and biological or chemical substances of warfare in notified as well as non-notified areas, may be incorporated in the law on terrorism.

A Federal Agency to Investigate Terrorist Offences

• The Commission would like to reiterate the recommendations made in its Report on ‘Public Order’ on the creation of a specialized Division in the CBI to investigate terror offences.
• It should be ensured that this Division of the CBI is staffed by personnel of proven integrity and who are professionally competent and have developed the required expertise in investigation of terrorism related offences.
• The autonomy and independence of this agency may be ensured through a laid down procedure of appointment and assured fixed tenure for its personnel.

Measures against Financing of Terrorism – Anti-money Laundering Measures

• The Prevention of Money-laundering Act (PMLA) may be suitably amended at early date to expand the list of predicate offences to widen its scope and outreach.
• The stage at which search and seizure action may be taken under the PMLA may be advanced in cases involving wider ramifications. Adequate safeguards may also be put in place in such cases.
• 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 PMLA delegated to them by the Enforcement Directorate.
• The financial transaction reporting regime under the Financial Intelligence Unit (FIU-IND) may be extended to cover high risk sectors such as real-estate. There is also need to strengthen the capacity of FIU- IND to enable it to meet future challenges.
• It would be useful to utilize the platform provided by the Regional Economic Intelligence Councils (REICs) for increased coordination among various investigation agencies in cases which are suspected to be linked with money laundering.
• Further, owing to the complexity of cases involved, the FIU-IND, apart from disseminating agency specific information, should furnish overall region-centric information to the Central Economic Intelligence Bureau (CEIB) for disseminating it to the respective REICs with a view to expanding the information regime.

Measures against Financing of Terrorism – Measures to Block the flow of Funds for Financing Terrorist Activities

• The new legal framework on terrorism may incorporate provisions regarding freezing of assets, funds, bank accounts, deposits, cash etc. when there is reasonable suspicion of their intended use in terrorist activities. Such actions may be undertaken by the investigating officer with the prior approval of a designated authority, subject to adequate safeguards.
• A specialized cell may be created in the proposed National Counterterrorism Centre for taking concerted action on the financial leads provided from information gathered by various sources.
• For speedy investigation into the financial aspects of specific cases/group of cases related to terrorist activities, dedicated teams may be formed within the agencies charged with the responsibility of investigating into offences related to terrorism.

Role of Citizens, Civil Society and Media in Combatting Terrorism, Media- Media should be encouraged to evolve a self-regulating code of conduct to ensure that publicity arising out of terrorist attacks does not help the terrorist in their anti-national designs.

Recommendations made at National Workshop on Public Order held in, 2006 at Sardar Vallabhbhai Patel National Police Academy, Hyderabad.

• A national forum should be set up for formulation of policy and strategy for dealing with terrorism.
• A stable, comprehensive, all India anti-terrorist legislation, having adequate safeguards against abuse, must be put in place.
• While terrorist violence has to be effectively dealt with by the security forces, people’s grievances – genuine and perceived – which get exploited, have to be redressed by concerned agencies with a sense of urgency.
• Outdated laws (eg., The Explosive Act), containing irrelevant provisions resulting in delay in investigation and prosecution of offenders, must be amended.
• Developmental activities should be planned and executed with due regard to problems of displacement of people, resettlement etc., so that violent eruption of conflicts on such issues can be avoided.
• For tackling the root causes of Left-Wing Extremism, relevant socio- economic issues such as land reforms, alienation of tribals from forest land etc. should be addressed and relevant laws must be strictly enforced.
• An all-India legislation should be enacted for tackling the growing menace of organised crime.
• Terrorism has to be fought by the security forces with the cooperation of the people.
• Appropriate sensitisation training should be given to security forces for avoiding alienation of the people and for enlisting their cooperation.