India test-fires BrahMos supersonic missile.The National Investigation Agency (NIA) Bill and the Unlawful Activities (Prevention) Amendment (UAPA) Bill Passed to DELETE Mass Movements and resistance whatsoever!Antulay Rightly Points out the ATS Mystery! India's cricket tour of Pakistan officially called off!All terror roads lead to Pakistan, Salman Rushdie syas as Kalam favours national campaign, UN task force to tackle terror!
Troubled Galaxy Destroyed Dreams: Chapter 127
SK Bharali 
Thursday, December 18, 2008:
The bills were introduced in the wake of the dastardly Mumbai strikes. Earlier, anti-terror laws like the Terrorist and Disruptive Activities (Prevention) Act (TADA) and prevention of Terrorist Activities Act (POTA) had to be scrapped after allegations of misuse.
The 26/11 attacks have left the nation shell-shocked. The government has to ensure that such attacks never recur and the common man does not have to exist in an atmosphere of fear and insecurity. India needs tough laws against terrorism like in the US and the UK. But anti-terror laws should not be in violation of human rights. So will the government be able to maintain the delicate balance between tough laws and fairness in tackling terror?
Disclaimer: NDTV.com takes no responsibility for the views expressed in the article. The article published has been written by a user and does not in anyway reflect the opinion of NDTV.com.
| India: Lower House Passes New Anti-Terror Laws | |
| 17 December 2008 |
 |
| Security person stands guard outside Indian parliament in New Delhi (file photo) |
India's lower house of parliament has passed legislation creating a national anti-terror agency resembling the United States' Federal Bureau of Investigation, FBI.
Lawmakers Wednesday passed several tougher anti-terrorism laws, including one that would allow police to hold suspects for up to 180 days - double the current limit.
The laws would also allow authorities to restrict the finances of suspected terrorists.
The measures now move to India's upper house of parliament for final approval.
India's state security agencies came under severe scrutiny last month after failing to detect the attacks on Mumbai that killed more than 170 people.
U.S., British and Indian officials say there is clear evidence that the attackers received training from terrorist camps inside Pakistan.
Pakistani President Asif Ali Zardari today said in a televised interview that there is still no conclusive evidence to support that claim.
But Mr. Zardari said his country is prepared to act if authorities find adequate evidence of any Pakistani involvement.
On Monday, India said its peace process with Pakistan has been put on hold since the attacks.
Pakistan's foreign minister said today he regrets the halt and hopes relations between the two nations will recover.
Foreign Minister Shah Mehmood Qureshi said he is "confident that we will overcome this hiccup" and optimistic that dialogue will resume.
BJP demands Antulay's sacking, hits out at Congress
New Delhi, Dec 18 (PTI) Demanding the sacking of Union Minister A R Antulay, the BJP today attacked the Congress over his remarks on killing of ATS chief Hemant Karkare in Mumbai terror strikes, saying it was "not his personal statement" but an attempt by his party to mislead the people.
"He is not a kid. He is a very senior leader. It is a well-thought of comment by the minister. This is not his personal statement... Rather it speaks of the evil intentions of Congress," BJP Vice President Venkaiah Naidu told reporters here.
Reacting to Antulay's remarks, Congress spokesman Abhishek Manu Singhvi yesterday said they should be treated his "personal views" and Congress party does not not agree with them and does not not support such a formulation.
"Congress always does this... Throws something to mislead people. This is in fact the disease of this government," Naidu said.
The BJP leader claimed Antulay had "no moral right to remain a minister after what he said. He has committed a terrible mistake by saying so." "Now this minister says on whose order Karkare went. Whom he is asking the questions from? If he had any doubts, he should have discussed in the cabinet or talked to the Prime Minister. Due to this our opponents outside will try to find loopholes in our argument on the terror- strikes," he argued. PTI
India test-fires BrahMos supersonic missile!
NEW DELHI: India on Thursday test fired the BrahMos supersonic cruise missile, one of the most successful products of India-Russia military joint
venture, from a vertical platform in the Bay of Bengal.
"The BrahMos Missile has been successfully launched today (Thursday) from a naval warship in the Bay of Bengal. This unique launch has been carried out from a mobile platform and all mission objectives have been met," a DRDO official said.
This is for the first time that BrahMos has been test fired from a universal vertical launcher fitted in a new ship. All earlier launches of BrahMos missiles had been carried out from inclined launchers.
"It is a significant milestone in view of the fact that most present day ships are today fitted with vertical launchers," the official said.
The missile has a range of nearly 300 km and carries a conventional warhead of 300 kg. It can achieve speeds of up to 2.8 Mach or nearly three times the speed of sound.
The supersonic missile takes its name from the Brahmaputra and Moskva rivers and can be launched from submarines, ships, aircraft or land.
In New York, Describing Pakistan as the centre of world terrorism, renowned author Salman Rushdie has slammed Islamabad for its "cynical denial" that the terrorists involved in Mumbai attacks were not its nationals. Participating in a panel discussion at the Asia Society, Rushdie said that the terror attacks in Mumbai were marked by brutality by the attackers and incompetence of government and security agencies in responding to them.
Meanwhile, new delhi reports tell well how the Union Minority Affairs Minister A R Antulay was on Thursday at the centre of a storm he had created with his comments on the killing of Maharashtra ATS Chief Hemant Karkare with the Opposition parties demanding his removal but he remained unfazed. I also wrote on this angle why all the Top ATS top Officials, enegaged in Malegaon Blast Investigation case, were DRAGGED into an ENCOUNTER with Terrorists violating PROTOCOL. Indeed, it is Mysterious and ANTULAY has rightly pointed out. But the BLIND nationalism also dismisses logic and vision as the Comment is taken otherwise and Antulay happens to be DEP in trouble for no FAULT!
A day after there was an uproar in Lok Sabha after minority affairs minister, A R Antulay triggered off a new controversy by questioning the killing of ATS chief, Hemant Karkare, during the Mumbai terror siege, sources have said the Congress will seek explanation from the union minister.
The Congress Parliamentary Party meet ended in the Capital a short while ago with the party and its high command taking notice of Antulay’s comments.
Congress sources have said that Antulay's comment is taken as a breach of the party line and he could face action according to TV channel Times Now.
Meanwhile, Maharashtra chief minister Ashok Chavan has said there will be no probe into Hemant Karkare’s death. “We stand by the police report on the Karkare’s death,” he said.
STUNNING!
The BCCI on Thursday said it is neither sad nor relieved after the government instructed the Cricket Board to call off the Indian team's tour of Pakistan in the wake of the Mumbai terror attacks.
AMAZING!
Pakistan on Thursday registered a formal protest against alleged violations of its airspace by Indian fighter jets last week, an incident which New Delhi has already denied!
It is the STAND OFF Infinite!
The Lok Sabha on Wednesday unanimously passed two anti-terror bills in the wake of the terrorist attack on Mumbai. The National Investigation Agency (NIA) Bill and the Unlawful Activities (Prevention) Amendment (UAPA) Bill were passed after an eight-hour debate. But like all all those ANTI People Acts enacted by Indian Parliament, this one is also passed by CONSENSUS.
It is going to be proved as a FRESH Calamity gifted by the Ruling Hegemony! We know well what happened to CBI and how it is POLITICALLY remote controlled!
I am sure that this latest legislation is going to be used against all kinds of Mass Movements and resistance whatsoever. It is designed to deal with Naxalism and Insurgency besides Terrorism. The Ruling parties lodged in the centre as well as in the States may use this Act against anyone just branding him Naxalite, Extremist or Terrorist. Human Rights, Civil Rights and fundamental rights have not been considered!
The maximum detention period to file a chargesheet has been increased from 90 to 180 days. Now we may not hope BAIL for anyone like DR Vinayaka SEN!
Foreign nationals held for acts of terror will be denied bail. We know well about the PURULIA ARMS dropping case in which all foreig Nationals were released! Would this LAW would also be activated against the CIA and MOSAD agents?
Apart from the current provision of death for terrorists, the amended law provides for a maximum sentence of life Imprisonment for those who fund terrorists.
Similar punishment has been provided in the bill for those training terrorists.
I am not a great FAN of Cricket as some people are! Our most relevant Media Icon Prabhash Joshi never fails to write on Sachin Tendulkar whatever may be the situation. I know that he writes excellent on cricket and I never fail to read all those writeups. Though I always complain that he might have addressed more relevant topics demanding quic action and urgency. I was spellbound to read Joshi in his Kagad Kaare column while he wrote a memoir on VP Singh. His analysis on the WAR MANIC BLIND Nationalism is quite different from the mainstream media supporting Imperialism and Fascism under the process of Grand Americanisation of india. I wonder how this gentleman could be out and out a RIGID Brahmin who promoted only Brahmins as a Policymaker in Media! But in eighties, many of our generation writing in Hindi believed him and could die for him, though he betrayed us who happen to be NON BRAHMINS! But we have been always fond of his innovation, language, style and analysis. Today, I am writing on the person who i tried my best to replicate in my younger days and it is not due to any GRUDGE! I am writing just because of his Passion for Cricket! Who could marginalise other issues despite of his ideology and commitments while it is Cricket! Prabhash Joshi is the soul of India as far as Cricket is related. We knowing or unknowingly identify ourselves with Indian Cricket team. After Bollywood Films , cricket happens to be the only thing which happens to be engaged overtime to UNITE the Country!
Now, India's cricket tour of Pakistan was on Thursday officially called off with the government refusing permission to the team to travel across the border in the wake of the Mumbai terror attacks, putting an end to the prolonged uncertainty on the fate of the series. The Government's decision was conveyed to the BCCI President Shashank Manohar today through a letter which cited "recent developments as well as the overall circumstances prevailing at present" as the reasons for calling off the high-profile tour.
What a masterstroke to justify the STRAIN and Standoff between two Nations of this Bleeding Geopolitics! The Ruling Hegemony , thus, closed the most viable avenue of Normalisation and it would help all those who are working overtime to create WAR HYPE in this subcontinent, in India, in Pakistan and everywhere in the WEST as they do have their own stakes! The WEST has to get over the Melt Down and recession. The West has to sell Weaposn produced by the Zionist War Economies over there.
I am afaraid Mr Joshi would have been SHOCKED. Not for only cricket but also for this Suicidal Policy decision!
CNN-IBN reports:
Defence Minister meets Service chiefs, reviews security
CNN-IBN
New Delhi: War clouds are still hovering over the subcontinent following the Mumbai terror attack despite the Indian political leadership publicly playing down the military option.
Defence Minister AK Antony on Thursday reviewed the security situation at a meeting with the three Service chiefs and senior Defence Ministry officials where he was briefed on the preparedness of the defence forces in the event of an Indo-Pak conflict.
"Defence Minister today held a meeting with the chiefs of the three Services and the Defence Secretary to review the overall security situation and to take stock of the state of preparedness of the armed forces," a Defence Ministry official was quoted as saying by PTI.
According to defence ministry officials directions to speed up the acquisition of critical equipment and weapons for the defence forces are expected to be issued shortly.
"The position with regard to certain critical equipment and the status of ongoing acquisition was reviewed in detail," the official said.
Sources said the acquisition of defence equipment is now expected to be hastened keeping in mind the urgent needs of the security forces.
The meeting also reviewed the security of coastal and offshore assets. A mechanism for proper analysis and follow-up on intelligence inputs is expected to be put in place soon. The issue is likely to come up again when a meeting on coastal security is held on Saturday.
"Security of vital coastal and offshore assets was discussed with a view to ensure that these remained fully secure," a source said.
During the meeting today, intelligence sharing among the security agencies came up for discussion and the Defence Minister stressed on the importance of coordinated intelligence among various forces.
"Intelligence sharing was one area, which was found wanting during the Mumbai terror attacks, was discussed and the Minister called for a coordinated and better sharing of intelligence between the security forces," the official said.
The Defence Minister asked the three chiefs to put a suitable mechanism in place to ensure proper analysis and follow-up of all relevant inputs relating to the security of the country, they said.
The Navy and the Coast Guard had come under attack for not acting on the inputs provided by intelligence agencies about the ship used by the terrorists to enter Indian waters and attack designated targets in the financial capital of the country.
After the attacks last month, the Defence Minister has held a series of meetings with the three Services chiefs and senior officials to discuss the security scenario in the country.
(With inputs from PTI)
http://ibnlive.in.com/news/defence-minister-meets-service-chiefs-reviews-security/80878-3.html
Salient features of the proposed NIA
Following are the salient features of the proposed National Investigation Agency (NIA):
* The Bill for constitution of the NIA to be applicable to whole of India, citizens of India outside India and persons on shops and aircraft registered in India;
* Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence;
* The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre. If the Centre feels the offence is terror related, it shall direct the NIA for investigation;
* Provision for transfer of investigation and trial of offences to the state government with the Centre's prior approval;
* NIA may investigate other offences connected with terror-related offences;
* A state government shall extend all assistance to NIA for investigation of terror-related offences;
* Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences;
* Centre shall constitute Special Courts for trial of terror-related offences;
* Special Courts may sit at any place for any of its proceedings;
* For speedy and fair trial, the Supreme Court may transfer any case pending with the Special Court to another Special Court in the same state or any other state, and the High Court may transfer such cases to any other Special Court within the state.
Kalam favours national campaign, UN task force to tackle terror
NEW DELHI: As the country debates how to tackle the increased spate of terror attacks, former President APJ Abdul Kalam today suggested the launch
of a national campaign to eradicate terrorism.
Kalam also favoured constitution of a special task force under the United Nations to tackle terrorism at the global level.
Participating in an idea exchange programme here, the former president said the national campaign should focus on eradicating poverty, education as well as making people aware of the perils of terrorism.
Efforts should be made to guide people, specially the youth properly.
Questioned as to what action should be taken by India to stop Pak-sponsored terrorism, he said, "The simple principle is that strength respects strength."
"India becoming a nuclear power state was the right thing to do," he said.
"Terrorism is a nuisance, bad for humanity. When evil minds have come together then good minds cannot be watching," he said.
The United Nations cannot be sitting and watching when such things are happening. "My suggestion is that let there be a United Nations force for counter-terrorism," he said.
Focusing on the need for primary education, he said there was an urgent need to change the primary school syllabus. It needs to be more creative and the classrooms must be turned into creative laboratories for children.
According to Kalam, his vision for 2020 entails that the GDP should remain at a minimum 10 per cent and merge with the 'National Prosperity Index' with a special attention on the growth of rural areas.
"Rural economy has to come up in a big way," he said adding for that there was an urgent need to improve the agricultural scenario.
He said currently the country has 170 million hectares of agricultural land with a yield of around 230 million tonnes. "By 2020-2030, the land will reduce to around 100 million hectares while the amount of yield required will increase to 350-400 million tonnes.
"To meet this increased demand, we need to increase our resources including water and seed technology".
Chidambaram denies 'dilution' of anti-terror laws
A Delhi correspondent
December 18, 2008 16:22 IST
Home Minister P Chidambaram on Thursday set at rest media speculation that the strong anti-terror laws he stipulated were diluted in the Cabinet by some of the ministers to ensure they do not impact their prospects in the coming Lok Sabha polls.
Chadiambaram was responding in the Rajya Sabha to charges levelled by Bharatiya Janata Party leader Arun Jaitley who, quoting media reports, said that even though the home minister contemplated much more sterner laws, his efforts were shot down by other colleagues in the Cabinet when clearing them for presentation in Parliament.
Chidambaram intervened to point out that 'unfortunately' the newspaper reports were wrong and he can disclose that the Cabinet cleared the Bills ditto as proposed by him, without a single change.
Jaitley also brought in the controversial remark of Minority Affairs Minister A R Antulay doubting if Mumbai ATS chief Hemant Karkare [Images] was killed by terrorists who stormed Mumbai and caused havoc for three days.
Science and Technology Minister Kapil Sibal intervened to point out that Antulay had already denied the remark.
CISF cover to private bodies
Chidambaram also introduced third of the Bills cleared by the Cabinet on Monday as part of the determined war against terrorism. This Bill seeks to amend the Central Industrial Security Force Act, to extend the role of the central force, primarily raised to protect the government establishment, to provide its security cover to the private institutions and establishments.
The November 26 attack on the two private hotels prompted the government to extend the services of the CISF that already provides security to Indian airports, nuclear establishments and public utilities and companies to other private establishments like the big oil refineries set up by the private sector on the shores of the ocean that are quite
vulnerable to the terror attacks.
Chidambaram also set off the day-long discussion on the two other Bills passed by the Lok Sabha on Wednesday to create the National Investigation Agency and amend the Unlawful Activities (Prevention) Act, pleading to 'show unity of purpose and unity of
action' by passing them unanimously as done by the lower House.
Admitting that members and parties would have reservations on the two Bills the government has brought, he wanted them to spell them out but not press for any changes at the moment to let these laws be tried out for the next two months. Provisions of these laws can be re-visited by Parliament in February to plug any loopholes found in implementation, he said.
Balancing Act
Chidambaram said he had tried to balance two apparently conflicting interests; one calling for strong laws that help police and prosecution to secure convictions and another concerned about the human rights.
He assured the House that the laws have the sternest clauses but the same have been padded with the safeguards to protect the fundamental rights and ensure that no personal liberty is taken away except by fair and legal procedure.
http://www.rediff.com/news/2008/dec/18mumterror-chidambaram-denies-dilution-of-anti-terror-laws.htm
CJI for tough anti-terror laws, legal aid for Qasab
A Vaidyanathan
Wednesday, December 17, 2008 7:45 PM (New Delhi)
On the day the Lok Sabha passed a bill to create a new National Investigation Agency to fight terror, the Chief Justice of India K G Balakrishnan has said that India needs tough anti terror laws like those in America and the UK.
Chief Justice K G Balakrishnan did have words of caution though, saying human rights should not be compromised in the process.
Justice Balakrishnan also said that he believes every accused including the lone surviving terrorist accused in the Mumbai terror attack, Mohammad Qasab is entitled to legal aid. Otherwise the legal process will be a one-way traffic, the CJI said.
In an interview to NDTV, the Chief Justice said, "We should have strong laws. But it should take care of human values providing basic human values to the accused. Strict law is good. I am in favour of it. But how the law should be it is for the Parliament to discuss and deliberate. People of the country should feel safe to live in the country."
The Chief Justice said Qasab, the terrorist under custody, should get a lawyer to defend himself.
He added, "I don't think he will go undefended. Even for helping the court for a proper trial assistance of a lawyer is required. What is the role he has played will come to light if there is a fair trial. Somebody will have to defend. It shall not be one way traffic."
Justice Balakrishnan also said that the police should be better educated, better trained, intelectually vibrant and active. He added that it required training and spending our resources for that.
http://ndtv.com/convergence/ndtv/mumbaiterrorstrike/story.aspx?id=newen20080076872&type=news
Antulay Episode
Maharashtra Chief Minister Ashok Chavan has said that no investigation will be ordered into Union Minority Affairs Minister A R Antulay's allegations over the death of Maharashtra Anti Terrorism Squad (ATS) chief Hemant Karkare.
The Chief Minister said that he stands by the police report, which says that Karkare was killed by terrorists.
"We stand by the investigations of our police force that concluded that Hemant Karkare was killed by the terrorists' bullets," he said.
Meanwhile, Antulay's remarks are continuing to fuel a political controversy. There were noisy scenes in the Lok Sabha and the Rajya Sabha with Bharatiya Janata Party (BJP) MPs demanding an explanation of Antulay's remarks.
The BJP also wants action to be taken against the Union Minority Affairs Minister.
Antulay had suggested that a larger conspiracy might be behind the death of Hemant Karkare, who was investigating the role of the Hindu right wing groups in the Malegaon blast case.
"Karkare found in his investigation that non-Muslims were also involved, but unfortunately his end came. It may be a separate issue for investigation, how his end came you follow me. Whether he was just a victim of terrorism, or if he was a victim of terrorism and something else, I don't know, " said Antulay.
On Wednesday evening, Antulay said he stood by his remarks calling for an investigation into Karkare's killing. He told NDTV that there was no question of him resigning.
"I owe explanation to none. I have not said anything which has embarrassed the government and the Congress party. In fact, I have helped the government," Antulay said responding to the uproar in Parliament and outside over his comments questioning the circumstances in which Karkare was killed by Pakistani terrorists in Mumbai on Nov 26.
Opposition members in both the Houses of Parliament created an uproar raking up the demand for his sacking from the Cabinet for his ‘irresponsible statement’ and a statement from the Prime Minister.
The minister, who was seated in one of the ministerial Benches in the Lok Sabha, was seen smiling and did not respond to Opposition members' attack on him.
However, the Leader of the Lok Sabha and Minister of External Affairs Pranab Mukherjee said in the afternoon that ‘we will respond may be tomorrow before the House adjourns next week we will respond.’
Prime Minister Manmohan Singh was seated beside Mukherjee.
As speculation mounted over whether the Congress party would act against him, the Congress appeared to be backing him when it said he has already explained his position in the Lok Sabha and his remarks have been ‘blown out of proportion and distorted’.
The minister himself was unapologetic over his statement and said he has not met anyone neither party president Sonia Gandhi nor the Prime Minister.
Antulay said he has also not written any letter to of explanation to either Gandhi or Singh.
He parroted his Wednesday's remarks that Karkare was a brave and intelligent officer and he only wanted to know who had ‘misled’ him and his colleagues to take a ‘wrong direction’ towards Cama Hospital on that fateful night where he was killed.
"Who sent Karkare in the wrong direction when the fire was somewhere else," he said referring to the terror attacks in Taj and Trident Hotels and the Nariman House.
On Maharashtra Chief Minister Ashok Chavan's statement that there was no need to hold an inquiry into his demand, Antulay said he had no problem with it because now the matter could be dealt with by the proposed National Investigating Agency (NIA), a federal agency.
Asked about demands for his removal, the minister said, "If I come to know I have embarrassed the government, then you know my nature is not to stick to positions. I don't think I have embarrassed the government."
He said he felt ‘pity’ over BJP's demand for his removal.
Amidst cries of ‘shame, shame’ from the Opposition Benches, BJP member Santosh Kumar Gangwar raised the issue in the Lok Sabha and said by his irresponsible statement Antulay has created problem for the country.
His party colleague Yogi Adityanath made some objectionable remarks which were expunged by the Speaker.
The issue was also raised in the Upper House with a BJP objecting to Antulay's ‘irresponsible’ remarks. He was supported by members of the JD-U, AIADMK and some other members.
Congress comes out in defence of Antulay
The Congress on Thursday appeared to come out in defence of A R Antulay over his controversial statement on Maharashtra ATS chief Hemant Karkare's killing, saying that the Minority Affairs Minister has himself made his position clear on the floor of the House and kept mum on whether any action was being contemplated against him.
"He (Antulay) has explained it on the floor of the House. He has already stated that the statement which he made about the ATS chief was blown out of proportion and distorted," Congress spokesman Shakeel Ahmed told reporters outside the Parliament House after a meeting of the Congress Parliamentary Party presided over by party chief Sonia Gandhi.
Asked whether any action was being contemplated against Antulay for making an irresponsible statement, Ahmed said that an explanation has already been made. "It is better for him to explain it," said Ahmed, sidestepping questions on any action.
Asked whether the issue was discussed at the Congress Parliamentary Party meeting, Ahmed said it did not come up. Yesterday, the Congress had disassociated itself from Antulay's statement saying the party had nothing to do with his comments.
And just lok on the Economic front!
Equities rose 3.7 per cent on Thursday to their highest close in five weeks, after inflation dropped to a nine-month low and the government unveiled a bigger spending plan to stimulate the economy.
Financial stocks such as State Bank of India and ICICI Bank led the surge as inflation, which fell to below 7 per cent, boosted prospects for deeper interest rate cuts in coming weeks, analysts said.
"I think the RBI will go for aggressive moves. I expect a rate cut either this month or early January," said D.K. Joshi, principal economist at rating agency CRISIL, referring to the Reserve Bank of India.
Construction and engineering companies were also in demand after the government said it was seeking extra spending of about $9 billion for the current year to March as part of a stimulus to lift economic growth and offset the impact of the global slowdown.
Larsen & Toubro, India's leading engineering and construction firm, firmed 3.5 per cent to 811 rupees, while Bharat Heavy Electricals gained 6.9 per cent to 1,432.55. Top listed developer DLF rose 9.6 per cent to 277.40 rupees.
UPA trying to bring anti-people legislations on FDI: CPI
New Delhi, Dec 18: The CPI today said the government was trying to bring "anti-people" legislations on FDI in the insurance and pension regulatory authority, which had been blocked earlier by the Left parties when they were supporting the UPA from outside.
"Now that we have withdrawn support, the UPA government is trying to bring in these bills to Parliament," party National Secretary D Raja told reporters here.
He said the Left opposition to these measures had forced the government not to bring these and other measures earlier. "This had enabled the Indian economy to face the pressures of the global financial meltdown."
Raja said all the Left parties would continue to strongly oppose these measures, if they were brought. His party leader in Lok Sabha, Gurudas Dasgupta, attacked the government for "encouraging speculation" in the foodgrain market.
"How deep speculation has gone into the economy is proved by the fact that while foodgrain prices are on the rise, the prices of other agricultural products and cash crops like rubber and coconut are crashing," he said.
The CPI leader also claimed that already an estimated 15 lakh workers have been retrenched in several sectors like construction, garment, diamond and automobiles.
Maintaining that more lay-offs would follow in the coming days, he said the employers were also resorting to wage cuts and other means to force workers to quit. "Government has no word, no concern over this situation, which is the worst in 20 years. They want to win elections riding on the wave of retrenchment," Dasgupta said.
Bureau Report On the demand for further reduction in the prices of petrol and diesel, Dasgupta said that these prices should be slashed by half as that was the proportion by which global crude prices had come down.
"The government has been increasing the prices in comparison with the international prices. Now that they are coming down substantially, they should follow the same standards," he said.
Regarding the legislations on the National Investigating Agency and amendments to the Unlawful Activities Act, Dasgupta said the bills should have been sent to the parliamentary Standing Committee for a thorough debate.
Expressing "deep concern" over the passage of the bills, he said government was empowering itself and the bureaucracy with "extraordinary powers" to deal with terrorists, by "making use of the Mumbai terror attacks".
"But what about the social terrorists," Dasgupta asked, apparently referring to the communal forces. Noting that the US and the UK did not have laws to keep a suspect in police custody without bail for long periods, he said "the US has been a model for the government, particularly Prime Minister Manmohan Singh. How is it that the US example in this regard is being forgotten by the government?"
Bureau Report
http://www.zeenews.com/nation/2008-12-18/492109news.html
Pak summons Indian envoy over 'airspace breach'
Associated Press
Islamabad: Pakistan summoned an Indian envoy to formally complain Thursday about alleged violations of its airspace as it sought to deflect heat from the deadly Mumbai terrorist attacks onto its longtime rival.
In a sign of growing pressure on Islamabad to harden its foreign policy, thousands protested against allowing US forces to ship supplies through Pakistan into Afghanistan.
Pakistani leaders had previously downplayed the alleged breaches by Indian aircraft, calling them "technical."
But after days on the defensive over signs that Pakistani nationals staged the attacks that killed 164 in India's commercial capital, Islamabad appeared to be taking a more aggressive tack.
On Wednesday, they stepped up demands that India show evidence to back its claims that a Pakistani militant group trained and sent the gunmen, saying court prosecutions would be impossible without proof.
Indian Deputy High Commissioner Manpreet Vohra said Thursday that he will pass on the complaint over the alleged airspace violation to his government, but he noted previous Indian denials.
"Our government, after holding an inquiry, has already said that there was no airspace violation from our side, and I reiterated this stance today," Vohra told The Associated Press.
Pakistan had said earlier that the two separate violations occurred Saturday over the eastern city of Lahore and Pakistan-controlled Kashmir.
The Indian aircraft allegedly flew some one to three miles into Pakistan. Pakistani fighter jets chased them back over the border, according to the Pakistan Air Force.
In a statement Thursday, the Foreign Ministry said "technical and airspace violations" occurred on Friday and Saturday, violating a 1991 bilateral agreement. It did not elaborate and a spokesman could not immediately be reached to explain the discrepancy.
Pakistan and India are both nuclear-armed nations who already have fought three wars against each other. The Mumbai attacks have strained diplomatic relations and halted an already slow-moving peace process between the countries.
India says the Pakistan-based Lashkar-e-Taiba militant group was behind November's attacks. Pakistan has arrested some suspects and clamped down on a charity allegedly linked to the outlawed group, but it insists it needs evidence from India.
Asked about that demand, Vohra said Thursday that India "will do it only once our investigations are complete."
Pakistani opposition politicians and commentators are increasingly critical of the government for moving against Jamaat-ud-Dawa without making public any evidence showing wrongdoing.
It is also under pressure from religious parties for failing to persuade the U.S. to halt cross-border missile strikes on militant targets in Pakistan's northwest.
On Thursday, several thousand activists with Jamaat-e-Islami, a hard-line Islamist party, protested Thursday against the strikes as well as NATO and U.S. troops' use of a supply route that runs through Pakistan into Afghanistan.
It appeared to be the largest rally against Western use of the route since the government took office in March and one of the largest anti-government protests so far. Militants have attacked trucks using the critical Khyber Pass route several times in recent weeks.
Protesters bearing placards and banners marched along a key road in the main northwestern city of Peshawar, led by party leader Qazi Hussain Ahmed. The protesters also criticized Pakistani military offensives against al-Qaida and Taliban insurgents near the Afghan border.
Associated Press
Need for NIA was felt for long: Govt
New Delhi, Dec 18: Government on Thursday said the need for a National Investigation Agency was being felt for a long time, as it sought approval of the Rajya Sabha for the two bills seeking tougher measures to deal with terrorism.
Moving the Unlawful Activities Prevention Act (UAPA) Bill and a bill for setting up NIA, Home Minister P Chidambaram said the Lok Sabha has unanimously passed these legislations.
Referring to the UAPA, Chidambaram said the main amendment related to bail provision which would be made tougher for terrorists.
The Lower House yesterday passed the two bills aimed at giving more teeth to the state machinery to strictly deal with terrorists.
While the Opposition extended its support to the bills, it took a dig at the government saying it is bringing tougher laws after completing most of its tenure.
"Unfortunately for 95 percent of its tenure the government was unwilling to bring a tough law. It spent 95 percent of its tenure explaining why a strong terror law was not required," BJP leader Arun Jaitley said initiating the debate.
Sitaram Yechury (CPI-M) asked if the government is going to revisit in February whether the new laws were being misused, why cannot it send the bills to a Standing Committee of Parliament.
Bureau Report
http://www.zeenews.com/nation/2008-12-18/492054news.html
All terror roads lead to Pakistan: Salman Rushdie
New York: Describing Pakistan as the centre of world terrorism, renowned author Salman Rushdie has slammed Islamabad for its "cynical denial" that the terrorists involved in Mumbai attacks were not its nationals. Participating in a panel discussion at the Asia Society, Rushdie said that the terror attacks in Mumbai were marked by brutality by the attackers and incompetence of government and security agencies in responding to them.
During the discussion, panellists agreed that all terrorism roads lead to Pakistan and expressed scepticism that Islamabad would dismantle the terror groups.
They said the world should send clear message to Islamabad that terrorists are becoming a liability to Pakistan and it is in its own interest to dismantle them.
The (George W) Bush administration too came in for strong criticism for considering former President Pervez Musharraf an "ally in fighting terrorism" and giving billions of dollars to it without any condition that the money should be used to fight terrorists.
The panellists recalled that Musharraf was responsible for aiding Lashkar-i-Toiba to fight in Kashmir during his years in army and Rushdie said he put up a western face to the Westerns but was mullah to extremists.
Rushdie as also other participants strongly attacked noted author Arundhiti Roy for linking the Mumbai terrorist attacks to Kashmir, Gujarat riots and demolition of Babri Masjid.
The terrorists, the participants said, are driven by a different philosophy and ideology and want to take the world back into the medieval ages.
But they agreed that terrorists failed in their apparent bid to split Hindus and Muslims and ignite communal riots as both the communities condemned the attacks and vowed to unitedly fight them.
They also warned against government responding to the attacks and criticism of its tardy response by adopting draconian measures. Instead, it should take measures to strengthen the areas in which weakness were found.
Besides Rushdie, the panellists included former Bernard Schwartz Fellow Mira Kamdar, who had lost her cousin and her cousin's husband in the Mumbai attacks, and author of “Maximum City: Bombay Lost and Found" Suketu Mehta.
There was a lively discussion on the role of media which some had criticised but panellists generally defended the "aggressive coverage" though Rushdie at one stage criticised an Indian television channel for giving room number and floor of a guest from whom it had received a call.
They were also sceptical that the weak civilian government of President Asif Ali Zardari would be able to control terrorist or their organisation especially when his own credibility is on the line for alleged corruption during the time his wife Benazir Bhutto was the prime minister.
"He was known as 10 per cent and then 20 per cent which showed his skills," Rushdie said amidst laughter.
In his brief remarks, Indian Consul-General in New York Prabhu Dayal called on all civilised nations to bring maximum pressure on Pakistan to stamp out the terrorist camps which give rise such attacks.
There is no place for terrorism in the civilised world," Dayal said, adding that the Mumbai attack was not just strike against the Indian people but against humanity.
"Therefore, all humanity must act together in this hour crisis to ensure that incidents like these do not occur in future," he added.
It is "amazing," he said, that Islamabad even refuses to accept the bodies of the attackers killed in the incident even though the only surviving assassin has identified them and he himself, in turn, has been identified by his father in Pakistan.
He agreed with panelists that the response did leave "something to be desired" but pointed out that the Indian home minister and Maharashtra Chief Minister had resigned taking the moral responsibility.
That brought a question from the audience as to why politicians in the US do not take moral responsibility and resign.
Dayal said the attacks were also against growing ties between India and West as was clear from the fact that Westerners were targeted.
Kamdar, who was seen fighting back her tears as she remembered her cousin, expressed the view that the terrorists attacked Taj as they wanted to do something spectacular and they did succeed in that.
The panellists said the terrorists chose soft targets where they could achieve maximum effect but Rushdie questioned as to why security in Taj hotel was relaxed even though it was known to be a target.
Another point made was that it would be impossible to stamp out terrorists unless Pakistan takes action to their roots. Otherwise, the banned organisation Jamaat-ud-Dawa would start functioning under some other name.
CRICKET STAND OFF
"The final decision has been taken. We have got the letter from the Sports Ministry and the Ministry of External Affairs not to proceed with the tour", senior BCCI official Rajeev Shukla said.
"The government has declined permission to go ahead with the tour taking into account the recent developments in Mumbai as well as the overall circumstances prevailing at present", Shukla said.
He said the External Affairs Minister Pranab Mukherjee and the Sports Minister M S Gill had also personally called up Monohar to convey the decision.
India were scheduled to play three Tests, five one-dayers and a Twenty20 match during their tour of Pakistan from January 4 to February 28 but the tour had been thrown into jeopardy in the aftermath of the Mumbai terror attacks.
The BCCI had all along maintained that it was upto the government to decide on the fate of the tour.
"Now that we have received the letter, we will intimate it to the Pakistan Cricket Board," Shukla said.
There was intense speculation that the tour will be called off in the aftermath of the Mumbai carnage and top BCCI officials had privately admitted that there was no chance that the team will travel to Pakistan.
Even the Sports Minister Gill had gone on record last week that the team should not tour Pakistan under the circumstances, which was seen as a clear indication of things to come.
Even before the Mumbai carnage, some of the senior Indian cricketers were apprehensive of travelling to Pakistan because of the security scenario in the strife-torn country.
The cancellation of the tour has not only put a question mark on the sporting ties between the two countries but will also have a bearing on the 2011 Cricket World Cup being jointly hosted by the four Asian countries.
Pakistan was keen to play the series at a neutral venue in case the tour was cancelled but the BCCI said it had not taken any decision on such a possibility.
BCCI's Chief Administrative Officer Ratnakar Shetty said that the government's decision will not have any impact on the 2011 World Cup.
"It will not affect the 2011 World Cup, that's a different tournament," he said.
"We'd written to the government about the tour and we've just got the letter from the government that in the present circumstances the tour is not possible.
Asked if it was because of the fact that senior players were not ready to play in Pakistan, Shetty said "I am not ready to comment on that. It was upto the government to decide and it was not for the BCCI to decide.
Shetty did not feel it would create an uncomfortable atmosphere for the BCCI and PCB.
"No, I don't think so. PCB is aware of whatever is happening at the moment." He said there was no discussion on the two teams playing the series at a neutral venue.
"We've not discussed anything on this," he said and added there would be "no tour to replace the Pakistan series".
The Sports Minister gave the first indication of the government view when he sent out a strong message by bluntly suggesting that the team's tour of Pakistan should not go ahead.
The Minister had said it was not the right time to play cricket with Pakistan when "people from their soil were indulging in mass murder in India".
"Is it possible for one team to arrive in Mumbai and indulge in mass murder, and have another team go and play cricket in the winter afternoon sun at Lahore, immediately after," he had said.
The cancellation of the tour will hit Pakistan hard with the cash-starved PCB having already suffered with many teams calling off tours in the recent past.
Hit hard by teams after teams refusing to tour the country because of the volatile security situation there, Pakistan has not hosted a major international tournament since the Asia Cup in June this year.
The high-profile Champions Trophy, which was originally scheduled to be held in Pakistan in September this year, had to be deferred with most teams refusing to tour the country.
The Indian junior hockey team's tour was also cancelled last month.
Desperate to salvage the series, PCB Chairman Ejaz Butt had decided to tour India to convince the BCCI top brass and also offered to shift the series to a neutral venue, possibly Abu Dhabi or England, but after the Mumbai attacks, even that possibility had become non-existent.
Pressure on Pakistan has somewhat lessened: BJP
New Delhi, Dec 18: With Pakistan backtracking from its earlier statement that Jaish-e-Mohammad Chief Maulana Masood Azhar was in its custody, BJP today said pressure built on Pakistan has somewhat lessened.
"There has definitely been certain laxity by now in the pressure built on Pakistan in the aftermath of the Mumbai strikes," senior BJP leader Yashwant Sinha told reporters outside the Parliament.
Criticising Pakistan's flip-flops over the status of Jaish-e-Mohammad chief Maulana Masood Azhar, the BJP leader described the Islamic country as "extremely undependable" saying "they won't even arrest (Azhar) and claim they have arrested."
"It is not at all surprising that Pakistan has changed its statements. Pakistan is extremely undependable when it comes to taking action against terrorists based in that country. Especially when such terrorists are active against India," Sinha said.
BJP Vice President Venkaiah Naidu accused Pakistan of trying to mislead India. "The cat is finally out of the bag. First they said that Azhar is under house arrest and now they are saying that he is not in their custody. This has made clear that they are not interested in controlling terrorism from their soil," he said.
They are trying to mislead India and the world community. It is for the Government of India to take note of it and convey its displeasure to that country. Pakistan is the epicenter of terrorism. You can't go by their words unless it is backed by deeds, Naidu added.
Meanwhile, the ruling Congress refused to attach any significance to Pakistan's statements saying "such statements don't matter as that country has not taken any action to stop terror activities."
"These statements (on Masood) don't matter ... for us only results matter. Our only stand is that no terror-related activity should be allowed on our soil. But this has not stopped," Congress spokesperson Abhishek Manu Singhvi said.
Bureau Report
http://www.zeenews.com/nation/2008-12-18/492116news.html
Zardari U-turn: 'No proof yet terrorists were from Pak'
London: In a U-turn, President Asif Ali Zardari has said there is still no "real evidence" that the terrorists who attacked Mumbai came from Pakistan nor had it been established that the lone arrested attacker Mohammed Ajmal Amir Kasab hailed from the country's Punjab province.
"Have you seen any evidence to that effect. I have definitely not seen any real evidence to that effect," Zardari told BBC in an interview.
Zardari, who earlier acknowledged that the perpetrators of the Mumbai carnage of November 26 could be 'non-state' actors from Pakistan, made these remarks while responding to a question on assertions from India, US, Britain and other countries that the 10 terrorists who struck at Mumbai came from Pakistan.
On being told that the British Prime Minister Gordon Brown as well as Indian and Western intelligence agencies had stated that the Mumbai attack had originated from Pakistan, Zardari said: "Investigation is an evolving process. It has not been long enough for anybody to... even the foreign minister of India has said they are still investigating.
"I think we will hold that judgement till proper investigation and conclusive evidence is shared between Pakistan and India. We are hoping that will happen because we have asked for a joint investigation."
About Kasab and the admission by his father living in Faridkot village in Pakistan's Punjab province that he was indeed his son, Zardari said: "We are investigating that position. There are disputed positions in the Press. Some say what you say and some say to the contrary. So I would say the investigation is ongoing. I would not jump to a conclusion."
Zardari said Islamabad was prepared to act if adequate evidence of any Pakistan complicity in the attacks emerged.
"If that stage comes, and when it comes, I assure you that our parliament, our democracy, shall take the action properly deemed in our constitution and in our law," he said.
Zardari also said that Hafeez Sayeed, the leader of the Jamaat-ud-Dawa (JuD) would remain under house arrest.
"Let me assure you that if there is any investigation to be found pointing towards his involvement in any form of terrorism, he shall be tried for that reason," Zardari said. JuD is accused of being a front for Lashkar-e-Taiba blamed for the Mumbai terror attacks.
The Pakistani President said that while he was not in denial about LeT's continued activities, "when you ban an organisation they emerge in some other form."
Zardari said he would support any request from Britain to question terror suspects held by Pakistan but a final decision in the regard would be made by the Pakistani parliament.
Dawood directly involved in Mumbai attacks, says Russia
Moscow Underworld don Dawood Ibrahim was directly involved in the deadly 26/11 attacks in Mumbai as his clandestine drug trafficking network was used to finance the terror strikes in India's financial hub, according to a top Russian crime buster.
"The gathered inputs testify that infamous regional drug baron Dawood Ibrahim had provided his logistics network for preparing and carrying out the Mumbai terror attacks by the militants," Director of Russia's Federal Anti-narcotics Service, Viktor Ivanov, said.
The Mumbai mayhem is a ‘burning example’ of the use of illegal drug trafficking network for perpetrating terrorism, he said in an interview to the government daily 'Rossiskaya Gazeta'.
"The super profits of the narco-mafia through Afghan heroin trafficking have become a powerful source of financing organised crime and terrorist networks destabilising the political systems, including in Central Asia and Caucasus," Ivanov said.
Dawood is sought by India for 1993 Mumbai serial blasts and figures in the most wanted persons list sent to Islamabad by New Delhi in the wake of last month's Mumbai terror attacks blamed on the Pakistan-based Lashkar-e-Toiba, 'Rossiskaya Gazeta' noted.
'India Inc may not raise salaries in 2009'
Agencies
Posted: Dec 18, 2008 at 1834 hrs IST
New Delhi Anticipating a decline in its business performance in 2009, India Inc is likely to cut back on the planned salary increase in the coming year, while most firms want to avoid huge job cuts, a latest survey says.
Majority of companies in the country are trying to be selective in planning the workforce, compensation and benefit cuts for 2009, while they anticipate a decline in their company's business performance in 2009, according to global HR consultancy Mercer.
The survey revealed that as much as 83 per cent of companies expect salary increases in the coming year to be lower than originally planned by them. The responses indicate that the companies are planning to look closely at holding down the level of compensation increases in 2009.
However, only 19 per cent of survey respondents are considering the more drastic step of freezing 2009 salaries at 2008 figures.
The results for companies in India generally match survey findings from other parts of the world. In China, Australia, the UK and the US as well between 20 and 30 per cent respondents believe that the 2009 bonus payout would be reduced from those originally planned.
"India grew on the back of her knowledge and people-centric industries such as financial services, information technology and retail, among others. However, primarily due to employee costs having risen in India at double-digit rates since 2003, cost structures have been coming under severe strain," Mercer Consulting (India) country leader Padma Ravichandar said.
Most companies in India plan to avoid significant workforce reductions, but they do not plan significant hiring either, the survey revealed.
Nearly two-thirds (63 per cent) of companies surveyed revealed that a significant reduction in workforce was unlikely even as only one in four firms expect to continue their hiring activities at or above replacement levels.
This current situation should be perceived as a cooling-down period in terms of talent costs. This is a levelling act which may help India remain cost competitive in the long run. In the near term, the adverse impact of business sentiment seems all pervasive, Ravichandar added.
Over 80 per cent of respondents expect their company's business performance to decline in 2009, the Mercer survey noticed.
Further, corporate India expects mergers and acquisitions to be severely affected in the next year, with fewer than seven per cent of survey respondents expecting increased M&A activity.
Mercer's survey, conducted in early November, collected responses from over 100 human resource and finance professionals in India, as part of more than 1,000 responses from around the world.
Post Mumbai terror attacks BSF put on high alert at border
New Delhi, Dec 18: The BSF is on high alert along the border with Pakistan in the wake of the heightened security scenario following the Mumbai terror attacks, chief of the force, M L Kumawat, said on Thursday.
"We are highly alert at our borders with Pakistan and Bangladesh. We have heightened our vigilance and alertness," Director General Border Security Force (BSF) M L Kumawat told reporters in New Delhi today.
"I can assure the country that we are on much alert than ever before. The force is rising to the occasion," Kumawat said after inaugurating an electronic exhibition of the technical branch of the paramilitary force.
Kumawat, however, refuted reports which claimed that infiltration across the Indo-Pakistan and Indo-Bangladesh borders has increased.
"I would not agree that infiltration along these two borders which we guard has increased," he said.
The BSF had earlier said it had received reports that Pakistan Rangers have augmented their personnel at Border Out Posts, apart from increased patrolling, and other inputs of movement of forces at the border.
The BSF guards the 4,096-km-long Indo-Bangladesh border and 3,268-km-long border with Pakistan which include about 2,526 km of International Border and 742-km Line of Control.
The DG also said the force headquarters in the national capital are in constant touch with their frontier headquarters across the country and various other Border Out Posts (BOP's).
The BSF has deployed about 45,000 personnel (45 battalions) on the entire India-Pakistan border from Gujarat to Jammu and Kashmir out of its two-lakh plus force.
Bureau Report
http://www.zeenews.com/archive/2008-12-18/492042news.html
Indian economy showing resilience: Sonia
New Delhi, Dec 18: With recession dominating economic discourses, Congress President Sonia Gandhi on Thursday said the country cannot remain completely insulated but it is a fact that the Indian economy is showing resilience.
"India cannot remain completely isolated but it is a fact that out economy is showing resilience," Gandhi told a meeting of the Congress Parliamentary Party in New Delhi.
Gandhi listed the steps which the government has taken recently on the economy front including reduction in the prices of petrol and diesel and the stimulus package in this regard to give a boost to the economy.
Gandhi also referred to the Bills being passed by the two Houses and said that legislative agenda has been substantially fulfilled. She further said there are many serious challenges to be met.
"All of us have to work very hard, both individually and collectively in cohesion," Gandhi said.
Bureau Report
http://www.zeenews.com/nation/2008-12-18/492074news.html
Govt brings Bill to set up national probe agency
Press Trust Of India
New Delhi: Rattled by the Mumbai terror attacks, Government on Tuesday introduced two Bills to set up a National Investigation Agency (NIA) with special powers and to amend the law to provide for more stringent action to deal with terrorism effectively.
The National Investigation Agency Bill 2008 and The Unlawful Activities (Prevention) Amendment Bill were moved by Home Minister P Chidambaram in the Lok Sabha, a day after the Union Cabinet gave its nod to such measures.
The NIA Bill provides for setting up of Special Courts for speedy trial of terror-related offences, with hearings to be held on day-to-day basis. Any case pending in any special court can be transfered to any other special court.
Notwithstanding law and order being the state subject, officers of the NIA above the rank of Sub Inspector will have special powers to pursue and investigate any offence related to terror across the country.
Officers of the Agency would enjoy all powers, duties, privileges and liabilities which the local police officers have in connection with cases related to terror.
The Bill to amend the Unlawful Activities (Prevention) Act has stringent provisions including detention period of 180 days instead of 90 days now and denial of bail altogether to a foreigner accused of terrorism in the country.
Even an Indian national accused in a terror-related case cannot be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release.
The Bill says that the court shall presume, unless the contrary is shown, that the accused has committed an offence for which he has been arrested, including possession of arms or explosives with a belief that these or such substances were used in the commission of a terror act.
It also provides for freezing, seizing and attaching funds and other financial assets or economic resources held by individuals or entities engaged in or suspected to be engaged in terrorism.
A new section has been inserted in the Bill which says that those using explosives, firearms, lethal weapons, poisonous chemicals, biological or radiological weapons with the intention of aiding, abetting or committing terror act "shall be punishable with imprisonment for a term which may extend to ten years".
The Bill says that anyone in India or in a foreign country who directly or indirectly raises or collects funds or provides funds for a terrorist act shall be punishable with at least five year imprisonment, which may extend to life.
A similar punishment has been provided in the Bill for those organising camps for training in terrorism, and also for those recruiting persons for commission of a terrorist act.
The Bill says that every offence punishable under this Act shall be deemed to be congnizable offence.
It says that if it is not possible to complete the investigation within 90 days, it may be extended upto 180 days. Besides, no person accused of a terror-related offence, if in custody, would be released on bail or on his own bond.
EDITORIAL COMMENT | Act, With Caution
18 Dec 2008, 0000 hrs IST
Two major steps have been taken by the government to add extra teeth to its efforts to win the war on terror. A new federal agency has been proposed
to exclusively investigate terror crimes. Amendments to provisions of the Unlawful Activities (Prevention) Act (UAPA) have been suggested to strengthen the legal system against terrorist acts. We commend the government for acting swiftly to ensure that the fight against terrorists is not handicapped by a lack of adequate systemic infrastructure or by loopholes in the legal set-up. However, checks should be put in place to ensure that agencies responsible for carrying out the nation's battle with terrorism do not overstep their briefs.
The National Investigation Agency (NIA) Bill, 2008 calls for establishing a federal agency with exclusive powers to investigate terror crimes. At first glance, the functions of the NIA and the CBI, a central agency that primarily investigates corruption cases, could overlap since the funding of terror networks are mainly through hawala transactions and other illegal means. Parliament should therefore debate whether the CBI could be merged with the NIA. This might help the government make better use of facilities available with the CBI. It takes time and resources to build a new organisation. The nation is short of time in its war against terrorism.
Some of the proposed amendments to UAPA curtail rights of citizens guaranteed by the Constitution and could be argued against. It is necessary that debates on these controversial provisions take into account the difficult times we are in. As we have said in these columns, this nation is in a state of war. This war waged by ideologically motivated transnational outfits is unlike conventional wars fought between armies. The nation has to fight without even formally declaring a war. The proposed provisions in UAPA are part of a war strategy. They may scar the liberal face of this democratic country. But do we have a choice considering the unconventional nature of the enemy and the extraordinary circumstances in which the war is being waged?
However, our lawmakers should recognise that the limits imposed on certain freedoms of the citizen could only be a temporary measure, and legislate accordingly. It is impossible to guess a time frame for the conclusion of a war on terror. But Parliament should have a periodic review, perhaps annual, of UAPA even though it is a permanent law. Anti-terror laws like TADA and POTA were rolled back after complaints of abuse. An all-party parliamentary committee should monitor the implementation of UAPA and, if necessary, annul provisions that are obviously abused. The government should also move fast on police and legal reforms to bring institutional checks against possible excesses of laws like UAPA.
http://timesofindia.indiatimes.com/EDITORIAL_COMMENT__Act_With_Caution/rssarticleshow/3852970.cms
West Asian media critical of India, sympathises with Pak
18 Dec 2008, 0211 hrs IST, TNN
NEW DELHI: West Asia may not take the wind out of the sails of India's diplomatic campaign against Pakistan, but it is certainly not being of any
help either. In fact, if media reports are any indication, several countries in the region are getting more and more apprehensive about India's conduct in the aftermath of the Mumbai attacks.
What may also worry India is the growing perception that Pakistan itself is the victim of the crisis and that India is on its way to joining the so-called unholy nexus comprising the US, UK and Israel. It wouldn't be wrong to state, going by the popular mood, that most of the countries have not just fallen for Pakistan's `babe in the woods' appearance but have also been critical of India's stand vis-a-vis its proximity to the US.
Saudi Arabia and Iran are two countries where the media seems to have already made up its mind that India has joined hands with the US and Israel. "The Indian brother may have already given the Americans a mandate to launch wars in the Indian subcontinent, whose management will be India's responsibility, since it is possessed by the same `vengeance obsession' that struck the Americans in 2001,'' said the influential Saudi daily Al Hayat in a recent editorial.
The media in Iran too seems to have taken a position diametrically opposite to India's stated stand. President Mahmoud Ahmedinejad, of course, had said immediately after the attacks that it might have been the handiwork of people from outside the region. Iranian newspaper Kayhan, in fact, has gone to the extent of suggesting that the attacks were staged together by India, Israel, US and UK.
The media has also expressed resentment against attempts by the US to draw parallels between Mumbai and 9/11. "If there is a connection between the Mumbai attacks and those of September 11, it is to be found in the American response. Seven months after planes flew into the World Trade Center and Pentagon, Rice described those tragic events as `an enormous opportunity' to `create a new balance of power'. Washington now sees a similar opportunity arising from the carnage in India to pursue its interests in South Asia,'' said Islamic Republic New Agency which is run by the Iran government.
Sadly for India, there have been few editorials, if any, laying the blame on Pakistan for the attacks. On the contrary, many have underlying sympathy for Pakistan. "Terrorism also threatens Pakistan's very existence, and directly or indirectly harms its sovereignty over its territory, every time the US attacks what Washington claims is a `terrorist' target within Pakistan. India is furious while Pakistan, already in an extremely complex economic predicament, definitely needs no more crises to add to its existing ones,'' stated Saudi's Al Madina in an editorial.
West Asia is another dampener for India after China where People's Daily, the government's official mouthpiece, had described the Mumbai attacks as the handiwork of Hindus. The report had claimed that the terrorists were wearing a sacred thread around their wrists and this proved that they were Hindus.
Hezbollah in Lebanon had earlier warned India against joining the Americans and Israelis. The organisation has blamed Takfiri sect of Sunni Muslims for the attack. Nevertheless, it went on to state that India's stand should be independent of "the hegemony of the arrogant''. "We have noted that these kinds of attacks that struck India are often a prelude to US security and military interference that confiscates the sovereignty of states at the pretext of fighting terrorism. These attacks will be an opportunity for the US administration to blackmail both Pakistan and India and infringe on their sovereignty,'' it said in an official statement.
http://timesofindia.indiatimes.com/Opinion/Editorial/West_Asian_media_critical_of_India_sympathises_with_Pak/rssarticleshow/3853465.cms
Wicked CIA-RAW-Mossad axis against Islamabad: Pak media
10 Dec 2008, 2103 hrs IST, TNN
Pakistan media finds "a wicked axis" of New Delhi, Washington and Tel Aviv ganging up against Islamabad. In this backdrop, protecting Pakistan from
terrorists and securing the national border are the key issues on the media agenda.
The sense of paranoia is apparent in a Frontier Post editorial published on Tuesday. It says "what can you expect when a wicked axis of America's CIA, India's RAW and Israel's Mossad are so active in fuelling and fanning militancy in our tribal region? Why is it (government) keeping mum? It is because of the wickedness of this wicked axis, our military and our people have been pitched against each other."
In an opinion piece, the Post explains why crippling the ISI would be suicidal. "For last several years Indian Intelligence Agency RAW, Afghan intelligence, allegedly Israeli Mossad, and others are aiding and fuelling Balochistani separatists, causing trouble in Karachi, and turmoil in North West Frontier Province. Pakistani people resent this external interference. The vast majority of Pakistanis fully support the ISI and fully expect it to aggressively counter conspiracy of external powers, and treacherous acts," says the Peshawar-based newspaper.
The Tuesday editorial of The Nation, Lahore, points out contradictionsin statements of US Secretary of State Condoleezza Rice and Senator John McCain, to conclude that "the Americans must stop playing the devil's advocate and compel New Delhi to furnish concrete evidence to Islamabad of involvement in the Mumbai tragedy from the Pakistani side. India needs to be delivered a stern warning against creating war hysteria and at the same time also threatening Pakistan's security by spreading its intelligence networks in Afghanistan."
In this atmosphere of mistrust, Irfan Husain comes across as a voice of reason. In his column published in The Dawn, Husain wonders whether Pakistan is really a responsible state. "Indeed, a responsible state would hardly allow the likes of Maulana Masood Azhar of the Jaish-i-Mohammad; Hafiz Saeed of the Lashkar-i-Taiba; and the Indian criminal Dawood Ibrahim to run around loose. Every time the West raises a hue and cry following a particularly vicious terrorist attack, a few militant leaders and their followers are picked up, only to be released once the furore has died down. This sends a clear signal to the security agencies that these terrorists are above the law. So why should they risk their lives arresting them, only to see them being released a few weeks later?," he writes.
A straight-speak Dawn editorial titled The Terrorism Riddle is sharply critical of the US role in fuelling terrorism in Pakistan. "Indian and American officials suggest that a Pakistani connection to the Mumbai attacks has been irrefutably established, at least in the eyes of the wider world. (There is an) unspoken line of allegation against Pakistan: that we are a state with weak governance where terrorist groups have long run amok. We wish the world, and in particular the US, was not so selective in its memories of what has brought Pakistan to such a pass," says the editorial.
"If Lashkar-e-Taiba has grown to a position of such strength, it has not done so in a vacuum. The Lashkar's capabilities grew on the watch of Gen Musharraf supported by American dollars. Militancy is a problem in the region not only because of Pakistan's numerous sins of commission but also because of the sins of the US. Making the region a safe place is no easy task now."
The Karachi-based daily, The News, reports the resurrection of Pakistan's Defence Committee of the Cabinet by Prime Minister Syed Yousuf Raza Gilani. The defence committee was dormant for some time but was revived on Monday. National security was the main issue of discussion.
Interestingly, the News reports that Indian external affairs minister Pranab Mukherjee did call President Zardari. "The government has unimpeachable evidence about the phone call made by the Indian minister for external affairs Pranab Mukherjee to President Asif Ali Zardari and such proofs would be provided to the relevant people but the government would not allow it to become yet another controversy."
http://timesofindia.indiatimes.com/World/Gulf/Wicked_CIA-RAW-Mossad_axis_against_Islamabad_Pak_media/rssarticleshow/3819866.cms
Security of nuclear power plants under review: Kakodkar
18 Dec 2008, 2012 hrs IST, PTI
CHENNAI/KALPAKKAM: The security of the nuclear power plants across the country was being reviewed in the aftermath of the Mumbai terror attacks and
any additional measures required to protect them would be put in place, Atomic Energy Commission Chairman Anil Kakodkar said on Thursday.
"Already several security measures have been put in place. We are reviewing in the context of what happened in Mumbai and certainly whatever additional (security), which are necessary, we will put in place", Kakodkar who met Tamil Nadu Chief Minister, M Karunanidhi on Thursday said here.
He met the chief minister to seek approval to set up Neutrino Observatory.
S Basu, facilities director, Bhabha Atomic Research Centre (BARC), who visited Kalpakkam today, welcomed the government's announcement declaring Kalpakkam nuclear power plant and 10 km radius around it as a "no fly zone". "In the context of the general security, it is a very good safety measure," he said, adding it should be made a permanent precaution as "there could be a problem by chance".
He said security reviews had been intensified earlier itself after an LTTE air raid on a Sri Lankan air base.
"In fact, nuclear stations should be permanently made no fly zone. Further, all the nuclear installations in the country have been reinforced with security and we also make simulated study to check preparedness," he said.
Atomic Energy Regulatory Board (AERB) chairman S K Sharma who together with Basu visited Kalpakkam to take part in a seminar on safety, said that the nuclear installations in the country are safe as the 'in-built' security system of reactors made them immune to any attacks, including from air.
Sharma said that reactors were designed with a view to keeping them safe from any attacks.
"The reactor core is always safe," he said replying to questions relating to safety of reactors in the wake of Mumbai terror attacks.
However, the nuclear installations in the country including the one at Kalpakkam were not taking any chances and were constantly reviewing their security preparedness and review meetings were also being held, he said.
Post-Mumbai attacks, security review meetings had been held by the nuclear scientists with the respective agencies.
New security manuals had been issued while more access control was in place with increased physical presence of armed guards, Sharma and Basu said.
Parliament debates tough anti-terror bills
17 Dec 2008, 1508 hrs IST, PTI
NEW DELHI: Parliament on Wednesday opened the debate on tougher anti-terrorism laws and a plan to set up an FBI-style agency designed to plug gaping
security holes exposed by last month's Mumbai attacks. ( Watch )
Home Minister P Chidambaram on Wednesday said in the Lok Sabha that government has sought to make a "fair balance" of respect for fundamental rights and the demand of the people for tough provisions while bringing forward two legislations to fight terror effectively.
Moving the National Investigation Agency (NIA) Bill and the Unlawful Activities (Prevention) Amendments Bills for consideration in the House, he appealed to the members to pass the bills unanimously and promised to rectify defects in the legislation, if any, in the next session in February.
"We will do our best to satisfy your aspirations. Let us pass these two bills," he said in a brief speech commending for consideration the two bills, which were introduced in the House yesterday.
Dealing with some of the provisions of the bill, he said notwithstanding the constitution of the NIA it would still respect the state government's right to investigate cases and would even associate them in such investigation.
"We have struck a balance between right of the Central government and the state governments to decide on investigation," the minister said.
In the UAPA bill, he said even while making tough provisions the Courts have been given the powers to decide on the prosecution's case in the matter of bail and presumption of guilt on the accused in some specific cases.
Home Minister P Chidambaram had introduced the two draft legislations in the Lok Sabha on Tuesday.
The legislation includes provisions allowing police to hold suspects for up to 180 days, rather than the current 90 days, and allows for a financial clampdown on suspects.
Last week, making a statement in the Lok Sabha on the Mumbai attacks, Chidambaram had members to pass the bills to tone up the security and prosecution apparatus in this session itself.
The current session will conclude on December 23.
No live coverage of terror attacks
18 Dec 2008, 1910 hrs IST, IANS
NEW DELHI: No live reporting of hostage crises, avoiding live contact with victims, withholding sensitive information on rescue operations - these
were some of the guidelines unveiled by India's News Broadcasters Association on Thursday in the wake of the Mumbai terror attack. ( Watch )
The self-regulation guidelines for telecast of sensitive events come after media coverage of the 60-hour terror strike in Mumbai saw scathing criticism from the public and the government, which even threatened to impose an emergency protocol.
Although the broadcasters' body had started formulating such guidelines much before the 26/11 attack, leading broadcasters were forced to quicken the process after the event.
The guidelines include a self-imposed restraint by broadcasters not to disclose details of hostages and withholding sensitive information on rescue operations.
The broadcasters have also been asked to avoid live contact with victims and with security personnel engaged in security operations.
The guidelines also urge broadcasters to exercise their judgment by not airing details of identity and number of hostages and refrain from reporting or commentary that gives the impression of sympathizing with terrorists.
Unveiling the guidelines at a news conference, former Chief Justice J S Verma asked the powerful to exercise restraint.
"The judiciary and the media have become powerful organs. Once you become powerful, you must know your limits," Verma, who heads the News Broadcasting Standards Disputes Redressal Authority, said.
"Self-regulation is a requirement which everyone who has considerable power must exercise. Nobody likes to be told what to do," Verma told reporters while explaining the rationale for self-regulation guidelines.
The guidelines were finalised Wednesday and are aimed at ensuring that the reporting of sensitive situations like the Mumbai attacks does not jeopardise the security of the nation and is not offensive to public taste.
The guidelines, also referred to as "emergency protocol" in media circles, are similar to the advisories issued to TV channels by the information and broadcasting ministry during and after the Mumbai terror attacks. Press Release
February 7, 2007
After numerous amendments to place safeguards against abuse
VILLAR: ANTI-TERRORISM BILL PASSED ON THIRD READING
The bill will now be referred to as Human Security Act
After ensuring that the anti-terrorism bill will not be used to abuse human rights by placing as many safeguards as possible, the Senate finally passed on third reading Senate Bill 2137 or the act to secure the state and protect our people from terrorism with a vote of 16-2 on Wednesday (February 7).
Finally, the Senate has approved its own version of the anti-terrorism bill which hopefully will really stop terrorists on their tracks. The safeguards that we have put in place, we hope will ease the fears of human rights advocates and the general public as well, says Villar, who is the principal author of the measure.
The bill is principally sponsored by Senator Juan Ponce Enrile. It was filed in October 2005 and certified as urgent by Malacañang on the same month. It has been in the backburner for over a year because of clamor from many legislators and concerned groups to insert various amendments to the original version in order to protect the people lest the measure will be abused by authorities.
Villar cites, The reason why the bill took a long time in getting the senators nod is precisely because we want to make sure that no human right will be trampled upon by the provisions of the bill. I am confident that we have tied up whatever loopholes there are.
Among the major amendments to the anti-terrorism bill are: the decrease, from 15 days to three days, the number of days a terrorist suspect can be detained without court warrant or formal charges; the increase in the amount of compensation or damages from P50,000 to half a million pesos for each day of detention, that will be given to persons wrongly arrested or detained as terrorist suspects by law enforcement authorities; the bill will only take effect two months after the May 14, 2007 national and local elections; among others amendments.
According to Villar, There have been many clamors for the Philippines to pass an anti-terrorism law because we are among the few countries which still dont have one despite our participation in the global fight against terrorism. Now the 13th Congress succeeded where other congresses failed in finally legislating an anti-terrorism law. A bill on anti-terrorism has been filed as far back as the 10th Congress.
The anti-terrorism bill is co-authored by Senators Panfilo Lacson, Jinggoy Estrada, Ramon Magsaysay Jr., Alfredo Lim, Bong Revilla and Joker Arroyo.
| India's Defense Minister Rules Out War with Pakistan | |
| New Delhi 16 December 2008 |
Seeking to dampen persistent media speculation a retaliatory strike is in the works against Pakistan, India's defense minister is declaring no military action is being planned. But he warns Islamabad to act against terrorists on its soil, if it wants normal relations with India.
A.K. Antony says war is not an option, as a response to the terror attack on Mumbai.
Antony spoke to reporters in the capital who asked him about troop deployments on the border and reported preparations for military action with Pakistan, against whom India has gone to war three times in 60 years.
"We are not planning any military action," he said.
The defense minister is also denying India plans to end the five-year ceasefire, along the military control line that marks the disputed India-Pakistan boundary in the former princely state, Jammu and Kashmir.
The gunmen who laid siege to Mumbai have been linked to the Pakistani-based Lashkar-e-Taiba, which has led a violent struggle against Indian rule in Kashmir.
Antony says Pakistan must act against those responsible for the Mumbai attack and root out terrorists operating on its soil.
"Unless Pakistan shows sincerity, whatever they are saying, through their actions, one thing is sure - that there is no question of things as usual," he said.
 |
| Indian Defense Minister A. K. Antony salutes after laying wreaths on Vijay Diwas at India Gate in New Delhi, 16 Dec 2008 |
Antony made his remarks to reporters following a ceremony to mark the 37th anniversary of India's military victory over Pakistan, which led to the creation of Bangladesh.
Pakistani Prime Minister Yousuf Raza Gilani, speaking to the national assembly in Islamabad Monday, said the country's armed forces are "fully prepared and alert."
Gilani says Pakistan does not want war, but, if aggression is imposed on the country, it will defend itself.
Amid the current tension following the Mumbai attacks, the United States and other countries have shuttled top government and military officials between India and Pakistan, hoping to persuade them to avoid military confrontation.
Last month's 60-hour attack on Mumbai by ten radical Islamic gunmen left more than 170 people dead and injured nearly 300 others.
Anti-terrorism legislation
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Anti-terrorism legislation designs all types of laws passed in the purported aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations.[original research?] Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under the grounds of necessity. For example, the various UK terrorist acts during the Northern Ireland conflict have severely restricted the rights of the defense and of those accused of terrorist acts.
Because of this suspension of regular procedure, such legislation is sometimes criticized as a form of lois scélérates which may unjustly repress all kinds of popular protests. Critics often allege that anti-terrorism legislation endangers democracy by creating a state of exception that allows authoritarian style of government. Governments often state that they are necessary temporary measures that will be dispelled when the danger finally vanish. However, most anti-terrorist legislation remains in activity even after the initial target of it has been eliminated.[citation needed] Measures which may be included by anti-terrorism legislation include preventive detention (that is, detention without trial), "control orders" in the UK and Australia, warrantless searches in the United States, etc.
[edit] The lois scélérates: anti-terrorism in the 19th century
- Further information: Propaganda of the deed
At the end of the 19th century, Russia, Europe and the United States were confronted to a new radical movement which engaged in violent and illegal acts. This movement was first created in Tsarist Russia, where young intellectuals, staunchly positivist atheists, began to engage in a violent struggle against the Czar. Finding their influence in Nikolai Chernyshevsky's What Is To Be Done?, they began to advocate assassinations and bombings. One of the first group, Zemlya y Volya (Land and Liberty), formed of upper-class professional revolutionaries, started armed struggle against the Czar's regime. Sergey Nechayev (1847-1882) would become one of the most famous figures of what quickly became known as a "Nihilist" movement, whose fate was described by Albert Camus in The Just Assassins (1949) — Camus would later write a thoroughly thought-out essay on existentialism rebellion and the use of violence in history in The Rebel (1951), which denounced both quietism and terrorism. Russian nihilists eventually succeeded in assassinating Alexander III in 1881.
The "nihilist movement" then quickly spread to all of Europe, in particular via one of the founder of anarchism, Mikhail Bakunin, who fled to Switzerland, a haven for political refugees of the time. There, he joined the First International (IAW), which eventually theorized "propaganda of the deed." Starting in the 1880s, a wave of bombings and assassination attempts, organized by people close to the anarchist movement, literally began to terrorize the governing classes. Propaganda of the deed was not necessary violent action, but often took that form. Spinning on the right of rebellion, which had been theorized centuries ago by liberal thinker John Locke, such anarchists had no moral problems in theorizing regicides and tyrannicides, since it was "for the good of the people." Bakunin thus wrote that "we must spread our principles, not with words but with deeds, for this is the most popular, the most potent, and the most irresistible form of propaganda."[1] As soon as 1887, several anarchists opposed themselves to what they saw as a self-defeating tactic, including Peter Kropotkin, who wrote that year in Le Révolté that "it is an illusion to believe that a few kilos of dynamite will be enough to win against the coalition of exploiters". Kropotkin's pragmatism eventually proved to be more realist than the most radical anarchist's idealism. Soon, all the labour movement was confronted to strong repression from the state, which did not manage to convince the people to start an insurrectionary and general strike, as had been expected by the theorists of propaganda of the deed. Furthermore, as depicted in Joseph Conrad's novel, agent provocateurs also infiltrated the movement, permitting many arrests in the social movement.
In France, after Auguste Vaillant's attempt, the "Opportunist Republicans" voted in 1893 the first anti-terrorist laws, which were quickly denounced as lois scélérates. These laws severely restricted freedom of expression. The first one condemned apology of any felony or crime as a felony itself, permitting wide-spread censorship of the press. The second one allowed to condemn any person directly or indirectly involved in a propaganda of the deed act, even if no killing was effectively carried on. The last one condemned any person or newspaper using anarchist propaganda (and, by extension, socialist libertarians present or former members of the International Workingmen's Association (IWA):
"1. Either by provocation or by apology... [anyone who has] encouraged one or several persons in committing either a stealing, or the crimes of murder, looting or arson...; 2. Or has addressed a provocation to military from the Army or the Navy, in the aim of diverting them from their military duties and the obedience due to their chiefs... will be deferred before courts and punished by a prison sentence of three months to two years.[2]
Thus, free speech and encouraging propaganda of the deed or antimilitarism was severely restricted. Some people were condemned to prison for rejoicing themselves of the 1894 assassination of French president Sadi Carnot by the Italian anarchist Caserio. The Trial of the Thirty took place in 1894, at the issue of which almost all the defendants were acquitted. The term of lois scélérates has since entered popular language to design any harsh or injust laws, in particular anti-terrorism legislation which often broadly represses the whole of the social movements.
The United Kingdom quickly became the last haven for political refugees, in particular anarchists, who were all conflated with the few who had engaged in bombings. Already, the First International had been founded in London in 1871, where Karl Marx had taken refuge. But in the 1890s, the Kingdom became a nest for anarchist colonies expelled from the continent, in particular between 1892 and 1895, which marked the height of the repression. Louise Michel, aka "the Red Virgin," Emile Pouget or Charles Matato were the most famous of the many, anonymous anarchists, desertors or simple criminals who had fled France and other European countries. A lot of them returned to France after President Felix Faure's amnesty in February 1895. A few hundreds persons related to the anarchist movement would however remain in the UK between 1880 and 1914. The right of asylum was a British tradition since the Reformation in the 16th century. However, it would progressively erode itself, and the French immigrants met with hostility. Several hate campaigns would be issued in the British press in the 1890s against these French exilees, relayed by riots and a "restrictionist" party which advocated the end of liberality concerning freedom of movement, and hostility towards French and international activists[3]
Could the Kingdom continue to provide haven for activists which did not confine themselves to opposition in one single country, but which travel from country to country, theorizing in international Revolution? Thus, strong debates began to shake the island, which finally decided to restrict freedom of movement. Thus were created one of the first immigration control laws. In a wholly different context, the same kind of debate would be lifted at the end of the 20th century, with the resurgence of international terrorism, this time under the guise of Islamic terrorism.
[edit] International conventions related to terrorism and counter-terrorism cases
- Further information: International conventions on terrorism
Terrorism has been on the international agenda since 1934, when the League of Nations, predecessor of the United Nations founded during the June 1945 San Francisco Conference, took the first major step towards discussing a draft convention for the prevention and punishment of terrorism. Although the Convention was eventually adopted in 1937, it never came into force. There are today thirteen international conventions in force, opened to ratification. They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency (IAEA). A 14th international convention is currently under negotiations. The UN General Assembly adopted on 8 September 2006 a "Global Counter-Terrorism Strategy"[4]
- 1961 Vienna Convention on Diplomatic Relations
- 1963 Vienna Convention on Consular Relations
- 1963 Convention on Offenses and Certain Other Acts Committed On Board Aircraft (Tokyo Convention, agreed 9/63—safety of aviation)
- 1970 Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention, agreed 12/70)
- 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention, agreed 9/71)
- 1979 Convention on the Physical Protection of Nuclear Material (Nuclear Materials Convention, agreed 10/79)
- 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (agreed 2/88)
- 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation
- 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf
- 1991 Convention on the Marking of Plastic Explosives for the Purpose of Identification
- UN Security Council Resolution 731 (January 21, 1992)
- UN Security Council Resolution 748 (March 31, 1992)
- UN Security Council Resolution 883 (November 11, 1993)
- International Convention for the Suppression of Terrorist Financing 1999
- September 28, 2001 United Nations Security Council Resolution 1373 adopted under Chapter VII of the United Nations Charter, which makes it legally binding to member states. Among other provisions, it favored the exchange of intelligence between member states and legislative reforms. It established the Counter Terrorism Committee (CTC) to monitor state compliance with its provisions. The large majority of member states have subsequently adopted anti-terrorism legislation in order to comply to the Resolution. Later resolutions concerning the same matter were Resolutions 1390, 1456, 1535 (which restructured the CTC), 1566, and 1624.
[edit] Council of Europe
- 1977 European Convention on the Suppression of Terrorism (Strasbourg, January 1977)[5]
- 2003 Protocol (Strasbourg, May 2003)[6]
- 2006 Council of Europe Convention on the Prevention of Terrorism[7]
[edit] Others regional conventions
Commonwealth of Independent States
- Treaty on Cooperation among States Members of the Commonwealth of Independent States in Combating Terrorism (Minsk, June 1999)
North and South America
- Organisation of American States Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance (Washington, D.C. February 1971)
- Inter-American Convention Against Terrorism AG/RES. 1840 (XXXII-O/02) (Bridgetown, June 2002)
Africa
- Organisation of African Union Convention on the Prevention and Combating of Terrorism (Algiers July 1999) and the Protocol to that Convention, Addis Ababa July 2004) [as of 30 August 2005 the Protocol was not yet in force]
Asia
- SAARC Regional Convention on Suppression of Terrorism (Kathmandu, November 1987)
- Additional Protocol to the Convention, Islamabad, January 2004 [As of 30 August 2005 not yet in force].
- The ASEAN Convention On Counter Terrorism, Cebu, Philippines, 13 January 2007 [As of 17 February 2007 not yet in force]
League of Arab States
- Arab Convention on the Suppression of Terrorism (Cairo, April 1998)
Organization of the Islamic Conference
- Convention of the Organization of the Islamic Conference on Combating International Terrorism (Ouagadougou, July 1999)
[edit] Anti-terrorist legislation in the European Union
[edit] European Union
[edit] European Court of Human Rights cases related to anti-terrorist legislation
- Anna Maroufidou v. Sweden - 1981
- Brogan and others v. the UK - 11209/84;11234/84;11266/84;... [1988] ECHR 24 (29 November 1988)
[edit] Belgium
- Belgium Anti-Terrorism Act 2003
[edit] France
France has passed a variety of anti-terrorist laws, the first of which being the 19th century lois scélérates restricting freedom of expression. Today, magistrates in the Justice Minister anti-terrorism unit have authority to detain people suspected of "conspiracy in relation to terrorism" while evidence is gathered against them.[8]
[edit] Italy
- Further information: History of the Italian Republic
Italy has passed various anti-terrorist laws during the "years of lead" (anni di piombo) in the 1970s.
The Reale Act was adopted on May 22, 1975. It allowed the police to carry out searches and arrest persons without being mandated by an investigative judge. Interrogation could take place without the presence of a lawyer. Critics underlined that this contradicted article 3 of the Constitution on equality before the law.[9]
Preventive detention was fixed before 1970 to two years, for a possible sentence going between 20 years to perpetuity, while it was limited to one year for charges of crimes leading to a sentence of less than 20 years. It passed to four years after 1970. A decree-law of April 11, 1974 authorized a four years detention until the first judgment, six years until the appeal, and eight years until the definitive judgment. In case of indictment for "acts of terrorism," the preventive detention was extended to twelve years.[9]
The Cossiga decree-law was passed on December 15, 1979. It prolonged the length of preventive detention relative to terrorism suspicions and allowed wiretaps. Critics have pointed out that this violated articles 15 and 27 of the Constitution.[9] The Cossiga decree-law also created the status of pentito (officially "collaborators of justice"): those accused of terrorism crimes and who accepted of confessing them and of informing the authorities about their accomplices could be liberated.
Law n°191 of May 21, 1978, called "Moro law", and law n°15 of February 6, 1980 were ratifications by the Assembly of decrees of emergency enacted by the executive power, respectively on March 28, 1978 and on December 15, 1979[10]
[edit] United Kingdom
- Prevention of Terrorism Act (Northern Ireland), 1974–89
- Terrorism Act 2000
- Anti-terrorism, Crime and Security Act 2001 (the Racial and Religious Hatred Act was supposed to be part of it as provisions, but it was dropped)
- The Prevention of Terrorism Act 2005 is intended to deal with the Law Lords' ruling of 16 December 2004, that the detention without trial of nine foreigners at HM Prison Belmarsh under Part IV of the Anti-terrorism, Crime and Security Act 2001 was unlawful, being incompatible with the European Convention on Human Rights. It was given Royal Assent on March 11, 2005. The Act allows the Home Secretary to impose "control orders" on people he suspects of involvement in terrorism, which in some cases may derogate (opt out) from human rights laws. In April 2006, a High Court judge issued a declaration that section 3 of the Act was incompatible with the right to a fair trial under article 6 of the European Convention on Human Rights. The Act was described by Mr Justice Sullivan as an 'affront to justice'. Amnesty International, Human Rights Watch, JUSTICE and Liberty have opposed it. Criticism of the Act included complaints about the range of restrictions that could be imposed, the use of closed proceedings and special advocates to hear secret evidence against the detainee, and the possibility that evidence against detainees may include evidence obtained in other countries by torture.
- The Terrorism Act 2006 increased the limit of pre-charge detention for terrorist suspects to 28-days after a rebellion by Labour MP's. Originally, the Government, and Prime Minister Tony Blair, had pushed for a 90-day detention period, but this was reduced to 28-days after a vote in the House of Commons.
- The Counter-Terrorism Bill 2008[11] is currently going before the UK Parliament, with a clause which aims to increase the limit of pre-charge detention for terrorism suspects to 42-days, however this is currently the subject of much controversy and on-going debate within UK politics.[12] As of June 11, 2008, Prime Minister Gordon Brown narrowly won a House of Commons vote on extending the maximum time police can hold terror suspects to 42 days.[13] The marginal decision, where nine Democratic Unionist MPs decided to vote with him resulting in a 315:306 majority sparked astonishing scenes in the House of Commons as furious Tory MPs shouted "traitors", "shame" and "you've been bought" at the Northern Ireland politicians sitting alongside them. It could thus transpire that Labour rebels and Unionists were bought off with future favours and inducements.
There have been concerns that anti-terrorism legislation is so broad as to enable its use to stifle legitimate protest: see for example the case of Walter Wolfgang.
[edit] Anti-terrorism legislation in common law countries (other than the UK)
[edit] Australia
The Civil Rights Network opposes such legislation. Elizabeth Evatt, a federal judge, has criticized John Howard's 2005 anti-terrorism bill, particularly provisions relating to control orders and preventive detention, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way."[14]
[edit] Canada
[edit] India
- Terrorist and Disruptive Activities (Prevention) Act (1985-1995)
- Prevention of Terrorist Activities Act
[edit] New Zealand
[edit] Pakistan
- Further information: Court system of Pakistan
- Suppression of Terrorist Activities Ordinance, 1975 enacted by Zulfikar Ali Bhutto [15]. The law remained in force in the Sindh Province and the Punjab Province until its repeal in 1997 [15], and remained the law in the North West Frontier Province (NWFP) and Baluchistan until August 2001 [15].
- 1997 Anti-Terrorism Act, signed on August 17, 1997 by President Nawaz Sharif [16] [17]. The law, which included a broad definition of "terrorism", was enacted after a January 1997 bombing by Mehram Ali, a member of the Shia militant organization Tehrik Nifaz Fiqh-i-Jafaria (TNFJ) [15]. The Anti-Terrorism Act created specials Anti-Terrorism Courts (ATC) as well as an Anti-Terrorism Appellate (ATA) Tribunal [15]. Merham Ali was subsequently tried before those special courts, but made an appeal to the Supreme Court, which confirmed his death sentence, but declared most of the 1997 Anti-Terrorism Act unconstitutional [15].
- 24 October 1998 Anti-Terrorism (Amendment) Ordinance issued by Nawaz Sharif's government to respond to most of the Supreme Court's objections [15]. According to political scientist Charles H. Kennedy, "Special Anti-Terrorism courts remained in place but the judges of such courts were granted tenure of office (two years, later extended to two and one-half years); the special Appellate Tribunals were disbanded, appeals against the decisions of the Anti-Terrorism courts would henceforth be to the respective High Courts; and restrictions were placed on the earlier act’s provisions regarding trial in absentia to accord with regular legal procedures."[15].
- Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998 [15]. Applying itself to the Sindh Province, the ordinance granted broad judicial powers to the military [15]. It also created the new crime of "civil commotion," [15] which exposed to a penalty of 7 firm prison years. The ordinance defined "civil commotion" as
"creation of internal disturbances in violation of law or intended to violate law, commencement or continuation of illegal strikes, go-slows, lock-outs, vehicle snatching/lifting, damage to or destruction of State or private property, random firing to create panic, charging bhatha [protection money/extortion], acts of criminal trespass, distributing, publishing or pasting of a handbill or making graffiti or wall-chalking intended to create unrest or fear or create a threat to the security of law and order..."[15]
- 30 January 1999: the Pakistan Armed Forces Ordinance of 1998 is extended to the whole country [15]. It was also amended to enable "absconders" from justice to be tried in absentia by any military court [15]. The opposition filed many constitutional petitions challeging the validity of the ordinance, resulting in Liaquat Hussain versus Federation of Pakistan issued on 22 February 1999. The Supreme Court declared the ordinance “unconstitutional, without legal authority, and with no legal effect.” [15]. It rejected Nawaz Sharif's claim that the ordinance was temporary and limited to Sindh Province [15].
- 27 April 1999: repeal of the Armed Forces (Acting in Aid of Civil Power) ordinance. However, "civil commotion" is included as a crime under the Anti-Terrorism Act of 1997 [15].
- 27 August 1999: amendment to the Anti-Terrorism Act, authorizing ATC (Anti Terrorism Court) in all of the country [15].
[edit] South Africa
[edit] United States
[edit] Federal
- US Antiterrorism and Effective Death Penalty Act of 1996 (see also the LaGrand case which opposed in 1999-2001 Germany to the US in the International Court of Justice concerning a German citizen convicted of armed robbery and murder, and sentenced to death)
- Executive Order 13224, signed by President George W. Bush Sept. 23,2001, among other things, authorizes the seizure of assets of organizations or individuals designated by the Secretary of the Treasury to assist, sponsor, or provide material or financial support or who are otherwise associated with terrorists. 66 Fed. Reg. 49,079 (Sept. 23, 2001).
- 2001 Uniting and Strengthening America by Providing Appropriate Tools for Intercepting and Obstructing Terrorism Act (USA PATRIOT Act)(amended March 2006) (the Financial Anti-Terrorism Act was integrated to it)
- Homeland Security Act of 2002, Pub. L. 107-296.
- Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2002
- Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005
- REAL ID Act of 2005
- Military Commissions Act of 2006
[edit] Ohio
[edit] Anti-terrorism legislation in civil law countries
[edit] Chile
Human Rights Watch has criticized the Chilean government for inappropriately using anti-terrorist legislation against indigenous (Mapuche) groups involved in land conflicts. While the legislation in question was originally enacted by the Pinochet dictatorship, the democratic governments that have followed have actually increased its severity[citation needed]. Human Rights Watch has expressed special concern that the current version of the law lists arson as a “terrorist” offence. This has allowed the application of the law against Mapuche vandals. While recognizing that crimes have certainly been committed, the international organization believes that they are not comparable to terrorist acts.[18]
[edit] El Salvador
El Salvador, presided by Antonio Saca of the right-wing ARENA party, had adopted in September 2006 an anti-terrorist law. All major parties, including the FMLN, have criticized the law, claiming it could be used against social movements[19]
The government first attempted to use the law against illegal street vendors who violently resisted removal by the police. These charges did not result in convictions.
In July 2007, the Salvadoran government charged fourteen people with acts of terrorism for their participation and/or association with a demonstration against privatization of the nation's water system. Charges were dismissed against one of those arrested. The remainder, known as the Suchitito 13, were released, but continued to face charges under the Special Law Against Terrorist Acts.[20][21] The charges were reduced to "disorderly conduct" in early February 2008 and then completely dropped later in the month.
[edit] Peru
Peru adopted anti-terrorist laws in 1992, under Alberto Fujimori's presidency. The laws were criticized by Amnesty International, who declared in its 2002 report that "Detainees falsely charged with “terrorism-related” offences in previous years remained held. “Anti-terrorism” legislation which had resulted in unfair trials since its introduction in 1992 remained in force. Members of the security forces accused of human rights violations continued to have their cases transferred to military courts."[22]. Lori Berenson, a US citizen serving a 20 years prison term in Peru, has been condemned in virtue of these laws, on charges of collaboration with the Túpac Amaru Revolutionary Movement.
[edit] Philippines
The Human Security Act of 2007, signed into law by President Gloria Macapagal-Arroyo and effective since July 2007, officially aimed at tackling militants in the southern Philippines, including the Abu Sayyaf group, which has links to al Qaeda and has been blamed for bombings and kidnappings in the region.[23]
Under the law, 3 days warrantless detention are authorized [23], although arresting officers are obliged to immediately inform a judge about the arrest [23]. Furthermore, detained terrorists are entitled to see a lawyer, a priest, a doctor, or family members.[23] The law allows eavesdropping on suspects [24] as well as access to bank accounts for authorities. [23] Convictions could result in 40 years prison sentences, but compensations are provided for in case of miscarriage of justice. [23][24] Terrorism was defined by Section 3 as "sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand" [24], a formulation criticized by Wilson Fortaleza, national president and third nominee of the labor party-list group Sanlakas, who claimed the law could be used to crush political dissent [24].
[edit] Turkey
- Further information: Human rights in Turkey
Article 8 of the Anti-Terror Law (Law 3713; April 1991), slightly amended in 1995 and later repealed,[25] imposed three-year prison sentences for "separatist propaganda." Despite its name, the Anti-Terror Law punished many non-violent offences.[26] Pacifists have been imprisoned under Article 8. For example, publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam Chomsky, summarizing the history of the human rights of Kurdish people in Turkey; he was acquitted, however, in February 2002.[26]
State Security Courts were transformed into Heavy Penal Courts following June 2004 reforms to the 1982 Constitution, enacted following the 1980 military coup.
As of 2008, detainees arrested under the Anti-Terror Law have access to lawyers at the very beginning of their detention.[27]
[edit] See also
- Anti-Socialist Laws passed in Germany in 1878
- High policing
- National security
- Rule of law
- State of emergency
[edit] References
- ^ Bakunin, Mikhail (1870) "Letter to a Frenchman on the Present Crisis"
- ^ (French) "1. Soit par provocation, soit par apologie [...] incité une ou plusieurs personnes à commettre soit un vol, soit les crimes de meurtre, de pillage, d’incendie [...] ; 2. Ou adressé une provocation à des militaires des armées de terre et de mer, dans le but de les détourner de leurs devoirs militaires et de l’obéissance qu’ils doivent à leurs chefs [...] serait déféré aux tribunaux de police correctionnelle et puni d’un emprisonnement de trois mois à deux ans."
- ^ Project of a doctoral thesis, continuing work on "French Anarchists in England, 1880-1905", including a large French & English bibliography, with archives and contemporary newspapers.
- ^ International instruments to counter terrorism, United Nations
- ^ "ETS no. 090 - European Convention on the Suppression of Terrorism". Council of Europe (1977-01-27). Retrieved on 2008-08-29.
- ^ "ETS No. 190 - Protocol amending the European Convention for the Suppression of Terrorism". Council of Europe (1977-01-27). Retrieved on 2008-08-29.
- ^ "Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)". Council of Europe (2005-05-16). Retrieved on 2008-08-29.
- ^ Dana Priest, Washington Post, July 3, 2005. "Help From France Key In Covert Operations, Washington Post
- ^ a b c Anne Schimel (Study and Research Center of the Institute of Political Studies), in "Justice "de plomb" en Italie ("Lead" justice in Italy), Le Monde diplomatique, March 1998
- ^ Giorgio Agamben, EUROPE DES LIBERTÉS OU EUROPE DES POLICES ?, on Parole donnée (French)
- ^ Dominic Casciani (24 January 2008). "Terror bill: Key elements". BBC NEWS. Retrieved on 2008-08-29.
- ^ "Terror laws face Commons battle". BBC NEWS (1 April 2008). Retrieved on 2008-08-29.
- ^ "BBC NEWS $#124; Politics $#124; Brown wins crunch vote on 42 days<!- Bot generated title ->" (Page last updated at 19:49 GMT, Wednesday, 11 June 2008 20:49 UK). Retrieved on 2008-08-28.
- ^ Michael Pelly, Tony Stephens and Marian Wilkinson (October 25, 2005). "Former leaders call for debate", Sydney Morning Herald. Retrieved on 11 August 2006.
- ^ a b c d e f g h i j k l m n o p q r Charles H. Kennedy, The Creation and Development of Pakistan’s Anti-terrorism Regime, 1997–2002 in Religious Radicalism and Security in South Asia (Satu P. Limaye, Robert G. Wirsing, Mohan Malik, eds.), p.387-413 (a publication of the Asia Pacific Center for Security Studies, Honolulu, Hawaï, Spring 2004).
- ^ 1997 Anti-Terrorism Act on Pakistan's Federal Investigative Agency's website.
- ^ Kellie Ortega, Anti-terrorist laws in Pakistan, Seminar Magazine, 2002.
- ^ "Chile: Undue Process<!- Bot generated title ->". Retrieved on 2008-08-28.
- ^ Fighting Terrorism, Latin America Monitor, October 2006
- ^ "El Salvador: Amnesty International Criticizes El Salvador for Using Anti-Terrorism Laws to Punish Social Protesters". AMNESTY INTERNATIONAL USA (July 18, 2007). Retrieved on 2008-08-29.
- ^ "El Salvador Campaign Background". Center for International Policy (2008-01-18). Retrieved on 2008-08-29.
- ^ 2002 Report on Peru by Amnesty International (English)
- ^ a b c d e f Philippines approves terror bill, BBC, 20 February 2007
- ^ a b c d Romero, Paolo. 'No haven for terror in RP', ABS News, March 7, 2007
- ^ Resolution 1381 (2004), Implementation of decisions of the European Court of Human Rights by Turkey, European Parliament
- ^ a b Questions and Answers: Freedom of Expression and Language Rights in Turkey, Human Rights Watch, April 2002
- ^ Retrograde Human Rights Trends and Stagnation of the Human Rights Reform Process, 4th part of the Human Rights Watch July 2007 report titled "Turkey: Human Rights Concerns in the Lead up to July Parliamentary Elections."
HI.
[edit] External links
- http://www.counter-terrorism-law.org/
- Counter-terrorism Legislation and Practice: A Survey of Selected Countries, British Foreign Office, October 2005 - this report outlines current anti-terrorism legislation in ten democratic nations, including the United States, Canada, Australia and a portion of Europe.
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