The Rajya Sabha on Friday approved an amendment to the anti-terror law to give powers to the central government to designate an individual as a terrorist and seize his properties.
The Lok Sabha had passed the Unlawful Activities (Prevention) Amendment Bill, 2019, that seeks to amend the Unlawful Activities (Prevention) Act, 1967, on July 24, the Rajya Sabha approved it after rejecting an Opposition-sponsored motion to send it to a select committee.
The House passed the amendment with 147 votes in favour and 42 against it.
The Rajya Sabha also rejected the Opposition-sponsored motion to send the amendment to the select committee with 104 votes against it to 85 in favour.
Opposition parties said the amendment was 'draconian' and could be misused against anyone opposed to the ruling establishment.
Resuming discussion in Rajya Sabha on the amendment, Elamaram Kareem of the CPM said the government was imposing 'state terrorism' and dissenting individuals could be declared terroristd. 'This will lead to large-scale harassment and injustice,' he said.
The amendment would give the NIA 'open licence to go to any state and do anything at their will and pleasure' without informing the state government, he said, accusing the BJP-run government of taking a 'soft approach' towards certain extremist organisations such as Sanatan Sansthan. 'Why are you not listing it as a terrorist organisation?' Kareem asked.
Citing the previous laws such as the Prevention of Terrorism Act (POTA) and TADA using which, he said, thousands of Muslims were arrested.
'We are not afraid of your majority. We are not afraid of your money power and muscle power,' he said, adding that he would continue to oppose the law.
Manoj Kumar Jha of the RJD said the bill pandered to an ideology that conflates nation with government. 'If I criticise the government I am called anti-national,' he said.
He cited the jailing of Ram Manohar Lohia in 1947 by then home minister Vallabhai Patel and said he was not released despite Jawaharlal Nehru pleading for his release.
Jha said persons arrested as terrorists are being acquitted after 15-16 years. 'With folded hands I plead you... you have most powers, the state is all over. Why do you need additional powers?' he said.
DMK's P. Wilson demanded that the bill be referred to a select committee of the Rajya Sabha or a standing committee for greater scrutiny. When an organisation is declared a terrorist organisation, it is adjudicated by a tribunal headed by a retired high court judge after inquiry. 'For persons who are branded terrorist, there is no such safeguard,' he said. 'Simple belief of a central official is enough to declare an individual a terrorist,' he said. 'The act doesn't state who is the officer in the central government, who will brand the person a terrorist. The officer is not a judicial authority. The designation can happen arbitrarily,' he added.
People Democratic Party MP Mohammad Fayaz said such laws are most misused in Jammu and Kashmir and cited acquittal of five youths after 24 years.
Senior BSP leader Satish Chandra Misra said his party would strengthen hands of government to deal with terrorism but said the government should ensure the law is not misused. 'We don't find anything faulty' in the amendments, he said.
Replying to a debate on the amendment, home minister Amit Shah said a four-level scrutiny has been provided in the amendment and no human rights will be violated.
He said declaring individuals as terrorists was required as they float different organisations once an institution is banned. Individuals can be declared terrorists if they commit or participate in acts of terrorism, prepare or promote terror, he said.
The amendment will expedite prosecution in terror cases, he added.
Responding to Opposition concerns that the law may be misused, he said no one's human rights will be violated as a four-stage scrutiny with provision for appeal has been prescribed when individuals are declared terrorists.
