I

Why we need laws like TADA AND POTA to restrict

the terrorist activities: In the context of Mumbai
bombing of 1993
(Project report)

SUBMITTED TO
Dr. Parvesh Kumar Rajput
Faculty of Criminal law: Socio-Economic Offences (Hons.)

BY
Prakhar Keshar
B.A.LL.B (HONS.)
Semester – VIII, Roll no. - 103
Submitted on:

Hidayatullah National Law University

Nava Raipur, Atal Nagar, District - Raipur 492002 (Chhattisgarh)
II

DECLARATION

I hereby declare that this research work titled “Why we need laws like TADA AND POTA to restrict
the terrorist activities: In the context of Mumbai bombing of 1993” submitted to HNLU, Raipur is my
own work and represent my own ideas, and where others’ ideas or words have been included, I
have adequately cited and referenced the original sources. I also declare that my work is in
accordance with all the said guidelines provided by the faculty.

Prakhar Keshar

HNLU, Raipur
III

ACKNOWLEDGEMENT

I feel very elated to work at the subject “Why we need laws like TADA AND POTA to restrict the
terrorist activities: In the context of Mumbai bombing of 1993”. I would want to take this chance to
express my profound feeling of appreciation towards my course educator, Dr. Parvesh Kumar
Rajput for giving me consistent direction and consolation over the span of the task.

Prakhar Keshar

HNLU, RAIPUR
IV

CONTENTS

I. INTRODUCTION............................................................................................................1

II. OBJECTIVES AND RESEARCH METHODOLOGY................................................2

III. TERRORISM IN INDIA……………………………………………………………….3

IV. ANTI TERRORISM LAWS IN INDIA

(TADA 1985 & POTA 2001)........................................................................................................7

V. WHY WE NEED LAWS LIKE TADA & POTA..........................................................10

VI. TADA & POTA ACT IN CONTEXT OF 1993 BOMBAY BLAST………………..12

VII. CONCLUSION..............................................................................................................17

VIII. REFERENCE…………………………………………………………………………..18
1|P ag e

INTRODUCTION

Since India gained independence in 1947, it has had in force “security laws” avowedly concerned
not with commonplace crime, but with acts that ostensibly pose deeper, more enduring threats to
ordinary life. Terrorism, organized crime, separatism, and public disorder are amongst the harms
these laws seek to prevent and punish. In addition to national security laws, many Indian states
have state laws simultaneously regulating these harms. These “security laws” operate alongside
India’s ordinary substantive and procedural criminal codes. Governments advocating these laws
argue that ordinary criminal law cannot address certain dangers, and therefore these particularly
serious dangers require a tailored response. This bespoke response is also a heightened response,
giving the law and order machinery more power than ordinary criminal law allows. The usual
constitutional limits on the executive – electoral democracy, legislative scrutiny, judicial review
and constitutional rights – have failed to restrain the executive’s power and actions under security
laws.

Parliament passed the Terrorist Affected Areas (Special Courts) Act in 1984, which allowed the
national government to designate parts of the country as “terrorist affected”, and set up special
courts in those areas to prosecute defendants accused of being terrorists. A year later, this law
was incorporated into the Terrorist and Disruptive Activities (Prevention) Act (“TADA”), 1985.
TADA also created new criminal offences related to terrorist activity, enhanced procedural powers
for the police and significantly reduced procedural protections for defendants. Also citing
international obligations and cross-border terrorism as reasons, the Indian government proposed a
new anti-terrorism law in 2001, the Prevention of Terrorism Act (“POTA”). POTA incorporated
TADA’s enhanced police powers, limits on the rights of the defense, and special courts, with many
of POTA’s provisions reproducing verbatim the equivalent provisions in TADA.
2|P ag e

OBJECTIVE & RESEARCH METHODOLOGY

OBJECTIVES:

 To properly study the concept of terrorism and how it has left the impact in the Indian

society

 To Examine the TADA and POTA act

 To examine the 1993 bomb blast attack with reference to the TADA and Pota act

RESEARCH AND METHODOLOGY:

The information regarding the topic has been taken from the Internet while the basic views &
thoughts of the TADA & POTA act with respect to the 1993 Bombay bomb blast.

After careful study comparative information regarding Case laws related to 1993 attack with
Reference to TADA & POTA ACT.
3|P ag e

TERRORISM IN INDIA

The nation has never been as threatened as it is presently. There have been different psychological
militant assaults in various pieces of the nation. Be it in Delhi, Mumbai, Punjab, Assam, Jammu
and Kashmir, and so forth. Barely any state has been left from the assaults of the fear mongers on
the guiltless individuals. Fear mongering left no piece of the nation immaculate, having made in-
streets into the south by assaulting Bangalore and Hyderabad, Ayodhya, Varanasi, Lucknow,
Ahemdabad, etc.There has been increment in psychological militant assaults from over the outskirt
as of late. Rehashed fear assaults have sabotaged resident's security.

By and large taking all types of savagery together, 2004-08 saw 25,042 occurrences and 6,646
setbacks when contrasted with 36,259 episodes and 11,714 losses during 1999-2003.

Mumbai has been the most favored objective place for most fear based oppressor associations.

What is terrorism?
Terrorism is the most heinous activities in the world. The term "Terrorism" comes from the French
word Terrorism, which is based on the Latin verb “terrere” (to cause to tremble). "Terrorism"
usually refers to the killing of innocent people by a private group in such a way as to create a media
spectacle. In November 2004, a United Nations Security Council report described terrorism as any
act "Intended to cause death or serious bodily harm to civilians or non-combatants with the purpose
of intimidating a population or compelling a government or an international organization to do or
abstain from doing any act". In many countries, acts of terrorism are legally distinguished from
criminal acts done for other purposes, and "terrorism" is defined by statute. 1

1
http://southasiajournal.net/beginning-of-modern-global-terrorism/
4|P ag e

History of Terrorism:

Terrorism in India is started before India got independence on 1947 but that times terrorist
activities aim create a fear among the British Ruler and not killed the general People. So we not
called these freedom fighters as a terrorist but after 1947 the terrorism activities to kill the innocent
people. In early times the Kashmir, Punjab and North East Frontier part was affected of terrorism.
But in current scenario the terrorism scope has been increase Tihe regions with long term terrorist
activities today are Jammu and Kashmir, Mumbai, Central India (Naxalism) and Seven Sister
States (independence and autonomy movements). In the past, the Punjab insurgency led to militant
activities in the Indian state of Punjab as well as the national capital Delhi 2.

In Indian worry for the psychological oppression, it is the primary property of the fear monger
exercises in type of strict psychological warfare. Strict fear based oppression is psychological
warfare performed by gatherings or people, the inspiration of which is commonly established in
the based principles. Psychological oppressor acts during the time have been performed on strict
grounds would like to either spread or implement an arrangement of conviction, perspective or
conclusion. The fear based oppressor exercises in India principally owing to Islamic, Hindu, Sikh,
Christian and Naxalite radical developments. In current situation the household and outside
psychological oppressor exercises is expanding in India. Since 1947 India got autonomy till that
time, at any rate 232 of the nation's 608 regions were beset, at contrasting powers, by different
extremist and fear based oppressor developments. In current circumstance there are upwards of
800 psychological oppressor associations working in the nation.

What is Impact of Terrorism?

The effect of fear based oppression in keeping up lawfulness, in guaranteeing harmony and
serenity, is a disturbing issue both at the national and universal level. Worldwide fear mongering
has, truth be told, become an exceptional test to the human development itself. We are constrained
to live in a most compromising conditions that is hurtful for the general public.

2
http://www.legalserviceindia.com/
5|P ag e

Psychological oppression carries sufferings and tragedies to people. It being unethical and cruel
act puts under danger the rights and opportunity of honest individuals. it, accordingly, mishandles
the principal human privileges of the people in question, especially, the privilege to life, the
privilege to physical respectability and the privilege to individual flexibility. The expanding
number of guiltless people including ladies, kids and the old have been either slaughtered,
slaughtered or disfigured by fear based oppressor in unpredictable and arbitrary demonstrations of
savagery and dread which for no situation can be defended. Fear based oppression and counter
psychological warfare contain sick effect on the delight in human rights as right to life, freedom,
development. Obligation to grant Human Rights training is on the shoulders of the part States and
protectors and activists of Human Rights on the grounds that these rights are basic to live.

Cause of Terrorism:

 Political Cause
 Economical Cause
 Ethnic Cause
 Religious cause

Mumbai 1993 Bomb Blast:

The 1993 Bombay bombings were a series of 13 bomb explosions that took place in Bombay (now
Mumbai), Maharashtra, India on 12 March 1993. The coordinated attacks were the most
destructive bomb explosions in Indian history. The single-day attacks resulted in up to 250 civilian
fatalities and 700 injuries. The attacks were coordinated by Dawood Ibrahim don of the Bombay-
based international organized syndicate named D-Company , which had also operated as a terrorist
organization. It is believed that the attacks were carried out in retaliation for the enormous Muslim
casualties and widespread damage to the Muslim owned businesses and properties which occurred
6|P ag e

during the Hindu-Muslim riots in Bombay on December 1992 and January 1993, in the fall-out of
the demolition of the Babri Masjid.3

Babri Masjid at Ayodhya was demolished on 06.12.1992. After its demolition, violence broke
out throughout the country. In order to take revenge of the said demolition, Tiger Memon (AA)
and Dawood Ibrahim, a resident of Dubai, formulated a conspiracy to commit a terrorist act in the
city of Bombay. In pursuance of the said object, Dawood Ibrahim agreed to send arms and
ammunitions from abroad. Tiger Memon, in association with his men, particularly, the accused
persons, received those arms and ammunitions through seacoasts of Bombay. In continuation of
the said conspiracy, Tiger Memon sent some of the accused persons to Dubai and from there to
Pakistan for training and handling in arms and ammunitions.4

In December 1992 and January 1993, there was widespread rioting in Mumbai following the 6
December destruction of the Babri Mosque inAyodhya by extreme Hindu groups. Although there
was no loss of life in the incident at the Babri Mosque, a series of riots soon erupted throughout
the nation, most notably in Bombay. After five years following the December–January riots, the
Srikrishna Commission Report stated that nine hundred individuals lost their lives and over two
thousand were injured, most of them Muslim, in the riots.

At 1:30 p.m. a powerful car bomb exploded in the basement of the Bombay Stock
Exchange building. The 28-story office building housing the exchange was severely damaged, and
many nearby office buildings also suffered some damage. About 50 were killed by this explosion.
About 30 minutes later, another car bomb exploded elsewhere in the city, and from 1:30 p.m. to
3:40 p.m. a total of 13 bombs exploded throughout Bombay. Most of the bombs were car bombs,
but some were in scooters. Locations attacked include Fisherman's Colony in Mahim causeway ,
Zaveri Bazaar , Plaza Cinema , Century Bazaar , Katha Bazaar , Hotel Sea Rock , Sahar Airport ,
Air India Building , Hotel Juhu Centaur , Plaza Theatre near Shiv Sena HQ , Lucky Petrol near
Shiv Sena HQ , Worli , Bombay Stock Exchange Building , Hotel Centaur, Santa Cruz , Area
opposite of Century Bazaar , Passport Office.

3
https://endtheterrorismnow.blogspot.com/2009/05/bombay-bombings-of-1993.html
4
Yakub Abdul Razak Memon vs State Of Maharashtra 2007
7|P ag e

ANTI TERRORISM LAWS IN INDIA

(TADA 1985 & POTA 2001)

India is facing multifarious challenges in the management of its internal security. There is an
upsurge of terrorist activities, intensification of cross border terrorist activities and insurgent
groups in different parts of the country. Terrorism has now acquired global dimensions and has
become the challenge for the whole world. The reach and methods adopted by terrorist groups and
organization take advantage of modern means of communication and technology using high tech
facilities available in the form of communication system, transport, sophisticated arms and various
other means. This has enabled them to strike and create terror among people at will. The criminal
justice system of India like Criminal Procedure Code ( Cr.p.c.) was not designed to deal with such
type of heinous crimes. In view of this situation it was felt necessary to make special anti-terror
laws for giving rigorous punishment for theses enmity of the humanity. There are many laws are
made in India but the protest of these laws on the basis of the violation of fundamental rights of
the people. In post anti-terrorism laws in India, protagonists have, however, hailed the legislation
on the ground that it has been effective in ensuring the speedy trial of those accused of indulging
in or abet terrorism. But after some time these laws have been break down in view of human right.
5

What is Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA):

TADA was instituted in the mid-80s when separatist movements gained momentum in the
country, especially in Punjab. ‘Disruptive activities,’ whether ‘by act or by speech, or through
any other media’ was a vague definition under TADA that encompassed a wide variety of
activities, including any form of protest. Under the law, special TADA courts were set up to
prosecute those accused of terrorist activities in areas designated by the national government as
“terrorist affected areas.” TADA created new criminal offences, enhanced procedural powers
for the police and reduced protections for defendants. Under TADA, confessions made before

5
Volume1, Encyclopedia of Anti Terrorism & Internal Security laws of India, Maj. Gen. Raj Mehta
8|P ag e

police officers was admissible as evidence, which facilitated custodial abuse and torture. In the
guise of fighting terrorism, the law was used to detain marginalized communities as well as
against trade unions. Over 76,000 people were arrested while TADA was in force from 1985 to
1995. The conviction rate for these arrests was less than one percent, which meant thousands
were wrongfully incarcerated. The second major act came into force on 3 September 1987 was
The Terrorist & Disruptive Activities (Prevention) Act 1987 this act had much more stringent
provisions then the UAPA and it was specifically designed to deal with terrorist activities in
India. When TADA was enacted it came to be challenged before the Apex Court of the country
as being unconstitutional. The Supreme Court of India upheld its constitutional validity on the
assumption that those entrusted with such draconic statutory powers would act in good faith
and for the public good in the case of Kartar Singh vs State of Punjab (1994) 3 SCC 569.
However, there were many instances of misuse of power for collateral purposes. The rigorous
provisions contained in the statute came to be abused in the hands of law enforcement officials.
TADA lapsed in 1995.6

The Terrorist and Disruptive Activities (Prevention) (TADA) Act was the first legislative
effort to define and counter terrorist activities. It was introduced in 1985 to counter terrorist
violence in Punjab, which later spread across the country. It was expected then that TADA
could curb the menace in a short term and the life of the act was stipulated at two years.
The police were given enhanced powers for detention of suspects and the Act shifted the
burden of proof on the accused. But within a few years, the chorus of dissent began to swell
amid allegations of misuse of TADA, which many believed ate into foundations of
democracy in the country.

What is Prevention of Terrorism Act, 2002, (POTA):

The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by the Parliament of India in
2002, with the aim of strengthening anti-terrorism operations. The act was enacted due to several
terrorist attacks that took place in India especially the attack on the Parliament. The act replaced

6
https://www.lawctopus.com/academike/confessions-under-pota/
9|P ag e

the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities
(Prevention) Act (TADA) (1985–95), and was supported by the governing National Democratic
Alliance. The act was repealed in 2004 by the United Progressive Alliance coalition. This act was
opposed by human rights activists as they thought it violated fundamental rights. However, the
protagonists of the Act hailed it on the ground that it is useful in stemming ‘state-sponsored cross
border terrorism. POTA incorporated TADA’s enhanced police powers, limits on the rights of the
defense, and special courts, with many of POTA’s provisions reproducing verbatim the equivalent
provisions in TADA. In addition, POTA enhanced the government’s power to detain individuals
and forfeit the proceeds of terrorism. POTA could also be deployed in any part of the country at
all times, without a prior declaration that a particular area was “terror affected” or “disturbed”.
And while TADA had a two-year sunset clause, the sunset clause in POTA was five years. . In
2002, this law was used to prosecute Muslims suspected of setting alight a train carriage carrying
Hindu pilgrims but was not similarly used to prosecute Hindus suspected of participating in State-
supported mass violence that killed 2000 people, most of them Muslim 7

7
Nitya Ramakrishnan, Godhra: The Verdict Analysed, Economic & Political Weekly April 09, 2011
10 | P a g e

WHY WE NEED LAWS LIKE TADA & POTA

Since India picked up autonomy in 1947, it has had in power "security laws" avowedly concerned
not with typical wrongdoing, however with acts that apparently present further, additionally
suffering dangers to standard life. Fear mongering, sorted out wrongdoing, dissidence, and open
issue are among the damages these laws look to forestall and rebuff. Notwithstanding national
security laws, numerous Indian states have state laws at the same time controlling these damages.
These "security laws" work nearby India's common meaningful and procedural criminal codes.
Governments upholding these laws contend that conventional criminal law can't address certain
perils, and in this way these especially genuine risks require a custom fitted reaction. This bespoke
reaction is likewise an increased reaction, providing the lawfulness hardware more force than
conventional criminal law permits.

 To secure the people of India from the terrorist activities and end up the
terrorist activates:

Section 3 states that Whoever with intent to overawe the Government as by law established or
to strike terror in the people or any section of the people or to alienate of the people or to
adversely affect the harmony amongst different sections of the people does any act or thing by
using bombs, dynamite or other explosive substances or inflammable substances or lethal
weapons or poisons or noxious gases or other chemicals or by any other substances of a
hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to,
any person or persons or loss . The punishment for these activites is life imprisonment or death
sentence and fine etc.8

8
TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987
11 | P a g e

In case of Sanjay Dutt Vs. State through C.B.I 9, sanjay dutt arrested u/s 5 of TADA. But he is
not punished while according to section 5 of TADA and section 4 of Pota clearly show that
possession of certain unauthorized arms is punishable under TADA and Pota. But sanjay dutt is
not punished. That give example in loophole in laws.

 Improve the mechanisms available for citizens to seek redress and hold
government officials accountable for human rights abuses:

A study of TADA and POTA would disclose that the legislature had the sole object of
suppressing the voices of dissent or to deal with the political opponents so that they do not
become people's movements. These legislation's have been from time to time framed and mis-
used in the beginning in one state or the other , but when the majority of the Indian citizens
chose to not to raise their voice against such repressive laws, these laws were mis-used in the
whole of the country. There is need of anti-terrorism legislation in India. The usual arguments
that are trotted out against an anti-terrorism law are that the law is misused, that acts of
terrorism could not be prevented even when we had such a law, and that the existing laws are
adequate to deal with terror. All these are specious. If a law is misused, the answer lies in
punishing those who abuse its provisions and not dismantling the law itself.

In case of Kartar Singh v. State of Punjab10 the constitution validity of Terrorist and
Disruptive Activities, 1987 was upheld. In this case the accused arrested by the misuse of
power by the police officer.

9
1994 SCC 410
10
1994 3 SCC 569
12 | P a g e

TADA & POTA ACT IN CONTEXT OF

1993 BOMBAY BLAST

A special TADA Court held Abu salem and five others guilty in the 1993 bomb blast attack. Salem,
who was extradited from Portugal in 2005, was charged with supplying the arms and ammunition,
including the deadly RDX, which were used in the blast. The TADA court has acquitted Abu
Salem of some charges for which he was framed initially. According to TADA court Abu Saleem,
Mustafa Dossa, Tahir Merchant and Firoz Khan were held conspirator for the attack.

Abu saleem and ors. Were charged under Section 3(2)(i), 3(2)(ii), 3(3), 3(5) and 5 of the TADA
Act which are:

Section 3: Punishment for terrorist acts - Whoever with intent to overawe the
Government as by law established or to strike terror in the people or any section of the people or
to alienate any section of the people or to adversely affect the harmony amongst different sections
of the people does any act or thing by using bombs, dynamite or other explosive substances or
inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by
any other substances (whether biological or otherwise) of a hazardous nature in such a manner as
to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage
to, or destruction of, property or disruption of any supplies or services essential to the life of the
community, or detains any person and threatens to kill or injure such person in order to compel the
Government or any other person to do or abstain from doing any act, commits a terrorist act. 11

Section 3(2): whoever commits a terrorist act shall:

(i) If such act has resulted in the death of any person, be punishable with death or
imprisonment for life and shall also be liable to fine

11
TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987
13 | P a g e

(ii) In any other case, be punishable with imprisonment for a term which shall not be less
than five years but which may extend to imprisonment for life and shall also be liable
to fine.

Section 3(3): Whoever conspires or attempts to commit, or advocates, abets, advises or incites
or knowingly facilitates the commission of, a terrorist act or any act preparatory to a terrorist
act, shall be punishable with imprisonment for a term which shall not be less than five years
but which may extend to imprisonment for life and shall also be liable to fine.

Section 3(5): Any person who is a member of a terrorists gang or a terrorist organisation, which
is involved in terrorist acts, shall be punishable with imprisonment for a term which shall not
be less than five years but which may extend to imprisonment for life and shall also be liable
to fine.

Section 5: Possession of certain unauthorised arms, etc. in specified areas –

Where any person is in possession of any arms and ammunition specified in Columns 2 and 3
of Category I or Category III (a) of Schedule I to the Arms Rules, 1962, or bombs, dynamite
or other explosive substances unauthorisedly in a notified area, he shall, notwithstanding
anything contained in any other law for the time being in force, be punishable with
imprisonment for a term which shall not be less than five years but which may extend to
imprisonment for life and shall also be liable to fine.12

A special Terrorist and Disruptive Activity (TADA) Court has sentenced Abu Salem to life
imprisonment in connection with the 1993 Mumbai Bomb Blasts Case. The court on June 16
this year had convicted six people, including the mastermind of the attack Mustafa Dosa and
Abu Salem on June 16 this year. 257 people were killed and over 700 injured as a series of
blasts ripped through the financial capital of India on March 12, 1993.

12
TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987
14 | P a g e

Need of POTA:

It is normally said that terrorism is a low intensity war. But the loss, which our country has suffered
in the last two decades due to the rise of terrorist activities, has been on a very large scale. We
have no record of the explosives that have been used in various parts of the country. We have a
record of crime. But the explosives that have been confiscated by our security agencies weigh
48000 kilos. What are the regions that are affected: It is not only Kashmir; Punjab too has suffered.
Also Mumbai, Delhi and other regions of the country like the North East. Development has
suffered, the economy has suffered. You have now a brand of Maoist terrorism; People's War
Group and other groups. A large part of Andhra Pradesh, Orissa, Madhya Pradesh, Chhattisgarh
and Jharkhand right up to the Nepal border is affected. We had insurgency and terrorism in Tamil
Nadu. We lost two of our former prime ministers to this kind of terrorism.

As far as our solidarity, power, sentiment of patriotism, fear mongering strikes at every single one
of them. This is the tremendousness of the issue that we are tending to. Be that as it may, it is
likewise said that our criminal law frameworks have separated; it is by all accounts a pitiful reality
to acknowledge. There are a few explanations behind this. One is that when we manage solidified
lawbreakers, a portion of our old ideas of criminal law need to change. It is a pitiful reality that
wrongdoing in India has become a generally safe business. So it turns out to be extremely essential
in a nation like India that if a law with respect to psychological warfare is established it ought to
be made so severe that the offender be purchased to book and doesn't go without any penalty on
account of the escape clauses and lacunas in the normal law since when our neighboring country
Pakistan which is the reason for executing fear mongering in India and can have such rigid laws
for what reason cannot we have such laws.
15 | P a g e

Sections of POTA act related to 1993 Bombay blast attack:

Section 4: Possession of certain unauthorized arms:

Sanjay Duttt Vs. State The expression possession though that of section 5 of Tada has been stated
to mean a conscious possession introducing thereby involvement of a mental element i.e. conscious
possession & not mere custody without awareness of nature of such possession and as regards
unauthorized means and regards without any authority of law.

Arguments states that an offence coming under the Arms Act has been brought under POTA,
irrespective of whether a person carrying such arms has any nexus with a terrorist. But the section
clearly says that any person who has unauthorized possession of arms that is does not possess a
proper license for the arms. This section is only making the law stringent by stating that anybody
who possesses arms should also possess proper license from the proper authority. Secondly it also
states weapons should be capable of mass destruction or biological or chemical substances of
warfare so why would any person without any reason possess such kind of weapons and that to
unauthorized13.

Section 22- Fund raising for a terrorist organization to be an offence-

(1) Whoever commits an offence if he-

(a) Invites, receives or provides money or other property

(b) Intends that it should be used, or has reasonable cause to suspect that it may be used, for the
purposes of terrorism.

The second component that was not there in TADA is, if you try and earn money through a crime,
that is, through terrorism, there are two offences which flow out of that. Whoever funds terrorism
is also held guilty. By funding terrorism you are abetting terrorism. You are giving resources to

13
1994 SCC 410
16 | P a g e

terrorism. The old terrorist laws the world over never had a chapter on funding of terrorists. But
now you must create a fear and scare in the minds of those who fund terrorists.

Section 45 Admissibility of evidence collected through the interception of

communication:

It is said that TADA was misused. Probably it was misused. The great weaknesses in TADA a
structural defect was its dependence on witnesses; eyewitnesses and humble citizens appearing
against terrorist groups. Anybody from Punjab, Mumbai or Kashmir will testify that the average
citizen is scared of coming and honestly deposing before these institutions. This is a threat that the
witnesses face against terrorist acts. So in what manner can a typical individual have the option to
give an announcement under the steady gaze of the court So there is a need acquire an arrangement
that when fear monger possess speak with one another, captures of their correspondence ought to
be permitted and these captures should become allowable proof in court. Along these lines, when
you capture fear based oppressors, you needn't bother with an unassuming resident to come and
give proof against them.
17 | P a g e

CONCLUSION

Till 1994, 76,166 persons had been arrested under the Act. Of these, 18,708 had no charges being
framed against them. Barely 4 per cent of persons tried under the Act were found guilty. The high
profile catch was Sanjay Dutt who was booked under TADA for his alleged role in the 1993
Mumbai blasts case. The validity of TADA was extended in 1989, 1991 and 1993. When the act
was due to expire in May 23, 1995, then Home Minister S.B. Chavan held meetings with
Opposition leaders and chief ministers in a bid to mobilise support. But Congress had to contend
with fierce opposition from within its ranks. West Bengal MP Mamata Banerjee held a day-long
dharna in Parliament threatening to resign on the issue. Two cabinet ministers, Ghulam Nabi Azad
and C.K. Jaffer Sharief, declared they would quit if the law was not allowed to lapse. Courtesy the
adverse publicity, the Congress government allowed it to lapse in 1995. But the law found an
afterlife in later years, with varying intensity, in form of The Prevention of Terrorism Act (POTA),
2002, and the Unlawful Activities (Prevention) Act (UAPA) passed this year. Though UAPA has
made confessions under police custody non-admissible, the legislation has doubled the number of
days the police can detain terror suspects before filing charges varying from 90 days to 180 days.
With the experience of abuse of TADA and POTA, there is an increasing demand for achieving
both liberty and security to an appreciable degree.

Indian law as it stands today has come around in strange circumstances as the earlier legislation
was found capable of being misuse. This law is less harsh than the previous anti-terrorism laws in
India and is not equipped by way of express provision for discretion to deal with a vast variety of
terrorist activity or other activities connected with perpetration of terrorism. Therefore I am of the
considered opinion that the Prevention of Terrorist Activities Act should be brought back for
curbing terrorism and such like activities with a strong arm, which may help in preventing and
deterring such activities.
18 | P a g e

REFERENCE

 Nitya Ramakrishnan, Godhra: The Verdict Analysed, Economic & Political

Weekly April 09, 2011

 http://southasiajournal.net/beginning-of-modern-global-terrorism/

 http://www.legalserviceindia.com/

 TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT,

1987

 https://endtheterrorismnow.blogspot.com/2009/05/bombay-bombings-of-

1993.html

 https://www.lawctopus.com/academike/confessions-under-pota/