Pota Valid, Says Sorabjee

Attorney-General Soli Sorabjee today defended the constitutional validity of the Prevention of Terrorism Act (Pota) in the Supreme Court.

He asserted that it would safeguard the rights of the citizens better than its predecessor, the Terrorist and Disruptive Activities (Prevention) Act (TADA).

Sorabjee was replying to the arguments of the People's Union for Civil Liberties, which had challenged Pota, contending that the Centre had no power to pass such a law. According to it, only states have the power to do so as per the Constitution.

Before a Bench comprising Justice Rajendra Babu and Justice G P Mathur, Sorabjee said the law was necessary in view of the global dimensions of terrorism.

 

He said after the September 11 attacks in the US, India witnessed 4,038 terrorist attacks in Jammu and Kashmir in which 1,008 civilians and 453 security personnel were killed.

He recounted the attack on Parliament and other terrorist attacks to stress the need for an anti-terrorism law.

He said the Constitution Bench had upheld the validity of TADA with some amendments, which had been incorporated in Pota. Replying to the argument that only states could pass such a legislation, the attorney-general said the law was passed under the residuary powers of the Centre.

Sorabjee will continue his arguments on Wednesday.