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BJP unhappy with ARC recommendations

September 17, 2008 20:18 IST

Terming suggestions laid by the second Administrative Reform Commission report on terrorism as "deceptive recommendation", the Bharatiya Janata Party said the only way to combat it was passing stringent anti-terror laws.

"Administrative Reforms Commission has been completely out of depth in dealing with the subject (of terrorism). It has made a very deceptive recommendation," BJP General Secretary Arun Jaitley told reporters.

Jaitley was referring to the recommendation made in the ARC report that the National Security Act can be used to put under preventive detention those indulging in terrorism.

Under Section 13 of NSA, a person can be put under preventive detention for 12 months.

"Preventive detention law by its very concept can never be a substitute for a punitive law. This is too casual a suggestion," Jaitley said.

He argued that this cannot suffice the need for an anti-terror law like POTA.

Favouring a POTA like law, Jaitley said a statement made in front of an official (as was also the case under POTA) is admissible in law under the Customs Act and Narcotics Act.

Jaitley said there was a need for federal agency to fight terror but it should be accompanied by a special law as terrorism is not confined to a single state.

He suggested that the government should explore whether a federal agency could be formed without a Constitutional amendment. Terrorism [Images] would come under residuary power of the Centre as it is not mentioned in either the central list or the state list of the Constitution.

"Terrorism is a subject related to the sovereignty of the country," Jaitley said alluding to the argument that the centre has power to legislate on the issue.

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