india

Updated: Jul 27, 2019 01:05 IST

The provision to designate an individual as a “terrorist” — a clause included in the Unlawful Activities (Prevention) Amendment Bill 2019 that was passed by the Lok Sabha earlier this week amid protests by the Opposition — will be “sparingly used”, a senior home ministry official said on the condition of anonymity.

The bill seeks to designate an individual (as opposed to organisation) suspected to have terror links as a terrorist and allows the National Investigation Agency (NIA) to attach properties linked to a terror investigation without taking permission from the state police. It will be taken up by the Rajya Sabha next.

The Opposition had raised apprehensions that the legislation could be misused and was in contravention of India’s federal structure.

Under the original UAPA Act, the central government may designate a group as a terrorist organisation if it commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism.

Hafiz Sayeed and Maulana Masood Azhar – heads of Pakistan based terrorist outfits, Jamat-ud-Dawa and the Jaish-e-Mohammed, respectively – are likely to be the first set of people to be designated as terrorists once Parliament clears the bill.

While Sayeed is the mastermind of the 2008 Mumbai terror attacks, Azhar-led JeM was behind the 2001 attack on the Indian Parliament and the Pulwama terror attack earlier this year, in which 40 Indian troopers lost their lives.

Designating individuals as “terrorists” is, however, independent of a judicial process. The opposition has raised a red flag over it. It has expressed apprehension that the provision is open to misuse. The process of designating a person as a “terrorist” is an “executive process”. The proposed law does not differentiate among those who have fled the country as against those who are standing trial. Technically, an accused facing trial in a court can be designated as a “terrorist”. Designating a person as a terrorist prior to court’s decision could also vitiate the process of law, experts say.

“Countries like the United States of America, Israel, China and even the United Nations have such laws. And, when India has sought individuals to be designated as terrorists, we have often been asked why we haven’t done in India,” the official cited above said, explaining the need for including the provision in the bill.

“The process of designating someone a terrorist will be multi-layered and similar to the one followed to designate a group an unlawful,” he added.

According to the proposed law, a request to designate an individual as a terrorist will be evaluated at various levels within the home ministry and will go directly up to the minister. “An appeal against the decision will be heard by a specially constituted review committee headed by a serving or a retired Judge. India has proscribed 42 organizations since 1967 when the (UAPA) Act was enacted. “Only one organization – the Hyderabad based Deendar Anjuman – challenged the ban,” the official said.

Home minister Amit Shah introduced the UAPA amendment bill on 8 July — two weeks after the Union cabinet had cleared it. The Bill amends the Unlawful Activities (Prevention) Act, 1967, providing special procedures to deal with terrorist activities and individuals and groups that foster terrorism in India.